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Review Of Va Disability Rating?


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#1 Marinesniper

 
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Posted 10 April 2010 - 01:19 AM

Hello everyone,

I have been a member here for quite some time and can honestly say that the information I found here helped me organize my disability paperwork to such a degree that I received a 100% P&T rating on my FIRST SUBMISSION! I want to thank everyone for all of the great information here on the website, and I always recommend this site to anyone trying to navigate through the muddy waters of the VA Pension system. I have a question for anyone out there who might be able to answer it regarding the recent publicity regarding the military and how they are reviewing discharged and in some cases increasing the amounts or changing the types of discharged military members received due to injuries sustained while on active duty. My specific question is in regards to the possiblity of getting my discharge reviewed and possibly changed. I was originally discharged with an Honorable discharge due to a physical condition not deemed a disability, but was later found to have suffered from a few things that would have made me eligible for a medical discharge due to the nature of the medical problem. To be more specific, I was found to have suffered from severe sleep apnea, Clinical Major Depression, Anxiety attacks (I can't remember the exact diagnosis they used) and Severe PTSD which was classified as 100% P&T. I have a certified statement from a friend of mine who lived with me during my time in the Marines that I used during my application which met the VA requirement to substantiate my claims that I suffered from the sleep apnea while I was on active duty. Now that I have been awarded these things from the VA, and they have been found to be service-connected, I am wondering if it would be worth my time and effort to go back and see if I could have my discharge changed to a medical discharge with retirement due to the severity of my injuries. As I stated earlier I have severe anxiety issues related to anything dealing with the military, and I have NO DESIRE to increase my chances of losing my benefits or having my P&T status revoked because I pissed someone off by sending my case in for review. I would rather not even begin the process if it looks like I don't have a snowball's chance in hell of getting my discharge status changed.

What do you think my chances are of being able to convert my VA Disability rating of 100% SC P&T (Special mo. compensation code) to a medically retired 100% P&T? There is no doubt as to the validity of my claims that the medical problems I suffered were incurred during and as a result of my active duty service. Please share with my your opinions as to whether or not you believe I have a fighting chance, and I would welcome any other information/suggestions you could share that might help me increase my chances of obtaining a favorable response.

Sincerely and eternally grateful,

Jeff Crockett
100% P&T SC disabled veteran
USAF and USMC

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#2 Philip Rogers

 
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Posted 10 April 2010 - 05:22 AM

When was your service & when were you discharged? If recent, you may have a chance.

pr


Hello everyone,

I have been a member here for quite some time and can honestly say that the information I found here helped me organize my disability paperwork to such a degree that I received a 100% P&T rating on my FIRST SUBMISSION! I want to thank everyone for all of the great information here on the website, and I always recommend this site to anyone trying to navigate through the muddy waters of the VA Pension system. I have a question for anyone out there who might be able to answer it regarding the recent publicity regarding the military and how they are reviewing discharged and in some cases increasing the amounts or changing the types of discharged military members received due to injuries sustained while on active duty. My specific question is in regards to the possiblity of getting my discharge reviewed and possibly changed. I was originally discharged with an Honorable discharge due to a physical condition not deemed a disability, but was later found to have suffered from a few things that would have made me eligible for a medical discharge due to the nature of the medical problem. To be more specific, I was found to have suffered from severe sleep apnea, Clinical Major Depression, Anxiety attacks (I can't remember the exact diagnosis they used) and Severe PTSD which was classified as 100% P&T. I have a certified statement from a friend of mine who lived with me during my time in the Marines that I used during my application which met the VA requirement to substantiate my claims that I suffered from the sleep apnea while I was on active duty. Now that I have been awarded these things from the VA, and they have been found to be service-connected, I am wondering if it would be worth my time and effort to go back and see if I could have my discharge changed to a medical discharge with retirement due to the severity of my injuries. As I stated earlier I have severe anxiety issues related to anything dealing with the military, and I have NO DESIRE to increase my chances of losing my benefits or having my P&T status revoked because I pissed someone off by sending my case in for review. I would rather not even begin the process if it looks like I don't have a snowball's chance in hell of getting my discharge status changed.

What do you think my chances are of being able to convert my VA Disability rating of 100% SC P&T (Special mo. compensation code) to a medically retired 100% P&T? There is no doubt as to the validity of my claims that the medical problems I suffered were incurred during and as a result of my active duty service. Please share with my your opinions as to whether or not you believe I have a fighting chance, and I would welcome any other information/suggestions you could share that might help me increase my chances of obtaining a favorable response.

Sincerely and eternally grateful,

Jeff Crockett
100% P&T SC disabled veteran
USAF and USMC



#3 Marinesniper

 
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Posted 10 April 2010 - 08:25 AM

I served in the United States Marine Corps from 1996-1999. My final discharge was in March of 1999. I hope that helps.

#4 carlie

 
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Posted 10 April 2010 - 08:35 AM

I want to thank everyone for all of the great information here on the website, and I always recommend this site to anyone trying to navigate through the muddy waters of the VA Pension system.

Jeff Crockett
100% P&T SC disabled veteran
USAF and USMC


Marinesniper,
Please clarify if you are 100 percent service connected or
receive VA Pension at 100 percent.
Thanks,
carlie

#5 john999

 
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Posted 10 April 2010 - 10:17 AM

Jeff

You should consult with a lawyer that does these discharge reviews. I can tell you that the military will resist awarding any sort of pension. Most vets are tying to upgrade a LTH discharge to honorable. You are asking for medical with a pension. I think you need professional help with this. There is no benefit of doubt in these cases. I tried a while ago and you need evidence that your service connected issues were the reason you were discharged and that an error was made when you did not get a medical discharge with pension. How long has it been since you were discharged? Time is your enemy.

#6 Marinesniper

 
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Posted 10 April 2010 - 10:40 AM

Marinesniper,
Please clarify if you are 100 percent service connected or
receive VA Pension at 100 percent.
Thanks,
carlie


Hi, I am sorry...I thought I had clarified that point in my previous posts. I am currently rated as 100% Permenant and total SERVICE CONNECTED for PTSD with clinical Major Depression and Anxiety attacks. I also have a service connected rating of 50% for severe Chronic Obstructive Sleep Apnea, 10% Service Connected for Tinnutis to both ears and 0% service connected for tinnitus in both ears. So, I have a permenant and total Service connected rating of 100% with a Special Monthly Compensation...I hope that clarifies everything..:D Also, if I submit to the DoD for a change in my service discharge type will that jeapordize any of the ratings I currently have with the VA? Thanks for your assistance!

#7 LarryJ

 
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Posted 10 April 2010 - 12:10 PM

Hi, I am sorry...I thought I had clarified that point in my previous posts. I am currently rated as 100% Permenant and total SERVICE CONNECTED for PTSD with clinical Major Depression and Anxiety attacks. I also have a service connected rating of 50% for severe Chronic Obstructive Sleep Apnea, 10% Service Connected for Tinnutis to both ears and 0% service connected for tinnitus in both ears. So, I have a permenant and total Service connected rating of 100% with a Special Monthly Compensation...I hope that clarifies everything..:D Also, if I submit to the DoD for a change in my service discharge type will that jeapordize any of the ratings I currently have with the VA? Thanks for your assistance!



The question that needs to be asked and answered is:

How much difference is there and how much you would benefit for a change in your discharge?

#8 Marinesniper

 
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Posted 10 April 2010 - 11:29 PM

The question that needs to be asked and answered is:

How much difference is there and how much you would benefit for a change in your discharge?



I'm not quite sure what kind of a rating I would get with the DoD, althought I thought that you could receive separate ratings from the VA and the DoD concurrently without one affecting the other. In other words, I am under the assumption that I could keep my 100% P&T SMC rating from the VA and receive a separate disability rating from the DoD (and hopefully a medical discharge with retirement benefits). Right now I am not eligible for medical care from the military, and my family does not receive any dental care, nor are we able to take advantage of space available travel. It is my understanding that if I were medically retired we would be able to take advantage of those things. I really don't know, that's why I am here asking all of you..:D

#9 john999

 
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Posted 11 April 2010 - 09:48 AM

How long has it been since you were discharged. This is important.

#10 Marinesniper

 
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Posted 11 April 2010 - 12:45 PM

How long has it been since you were discharged. This is important.



I was discharged from the United States Marine Corps in 1999. I also took part in the vocational rehabilitation program while I attended Nursing school from around 2002 to 2005 before I had to stop due to medical problems and the related medication (Methadone for pain meant that I could not complete my clinicals while I was taking the medication)

#11 john999

 
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Posted 11 April 2010 - 01:44 PM

I think for what you want to do you need to use the board for correction of military records. If you did not appeal within three years you have to get their permission to appeal. You need to get a lawyer for this. Since it has been more than three years you have to present evidence as to why they should consider your case. I don't think the Board for Discharge Review does what you want as per changing a honorable discharage to medical with a pension. I don't think you have a snowball's chance in hell without representation of the expert kind. You can research this online. I did a quick search and it seems the BCMR is the organization that can grant a pension is you show them an error was made in your records.

#12 Marinesniper

 
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Posted 11 April 2010 - 05:41 PM

I think for what you want to do you need to use the board for correction of military records. If you did not appeal within three years you have to get their permission to appeal. You need to get a lawyer for this. Since it has been more than three years you have to present evidence as to why they should consider your case. I don't think the Board for Discharge Review does what you want as per changing a honorable discharage to medical with a pension. I don't think you have a snowball's chance in hell without representation of the expert kind. You can research this online. I did a quick search and it seems the BCMR is the organization that can grant a pension is you show them an error was made in your records.




OK, well as far as showing that an error was made in my records, how about the fact that even though I had been diagnosed with Severe clinical major depression with anxiety disorder that NO reference was made to that during my discharge, and that it was not even mentioned in any of my discharge paperwork? I was discharged simply for a physical condition not considered a disability (More specifically, Eating Disorder N.O.S, which was only ONE of the diagnosis made by the medical professional that I had been seeing in the military). I had, in my records, multiple documents showing diagnosis of Major Clinical Depression, Anxiety attacks, Bulemia Nervosa and Eating Disorder N.O.S, but the only thing they CHOSE to show and discharge me for was the Eating Disorders, because they tried to discharge me for a weight control failure and they could not do that. I am embarrased to even mention the eating disorder stuff as it was such a SMALL part of what happened to me, keep in mind that I had major clinical depression and PTSD (Though the PTSD was diagnosed by the VA after I was discharged). Even though it was such a small part of everything that happened, it was the ONE thing they chose to try and discharge me for. THAT would be my appeal to the board for reconsideration of my discharge type. I have PLENTY of records to back up all of my claims, both from military doctors, the VA, and civilian doctors that I had been referred to through Tri-care for medical care. I hope this helps some, and I hope you don't think differently of me now that you now I had a diagnosis of eating disorder in the military.

Thanks again.

#13 john999

 
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Posted 11 April 2010 - 08:19 PM

No, I have no negative opinion based on anything you have said. I tried myself to get my honorable discharge changed to a medical. I found out that you really need representation because the board will just flush your claim down the toilet without one. The boards don't mind giving a medal or something that is not going to cost the military a dime. When you ask for money or a benefit then they become hardass. I am saying that you are going to have a fight on your hands, so get a lawyer. They don't respect vets who are not represented by experienced legal help. Consult with a lawyer and if he/she thinks you have a good chance then go for it. Otherwise, it is probably not worth the effort. You have about a 4% chance of winning. It is about money and liability. They have the money and you are the liability. Dealing with these boards is not like the VA. The burden is on you. The assumption is that your discharge was correct and unless their is some clear and obvious error that you can prove you will lose. Having representation gives you a fighting chance. I did get my discharge changed from a general to an honorable but that was within one year of discharge and I had representation. It cost the military nothing.

#14 hawkfire27

 
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Posted 11 April 2010 - 09:08 PM

I have consulted an attorney regarding this very issue for my husband. There is a provision that waives the time limit if you have memory problems documented or that you spent time as an inpatient for your psych related illness.

The lawyer has stated he will take my husbands case (his service was in Vietnam, so even further back than yours) based on the simple fact the Army failed to do a psych evaluation on discharge. When they discharged him for going AWOL while in a dis-associative state (i.e. Memory loss of the AWOL) when he came too he returned immediately in full uniform to the nearest base, and told them what had happened. Then they attempted to court martial him, but he3 had a good JAG and they got him to sign a wavier etc and they let him go with a general discharge by the end of the whole mess.

The lawyer is from Dallas and will cost about $6000 for the whole case. He stated my husband has an excellent case, because if Psych problems are even suspected they are supposed to do a psych evaluation separate from the physical on discharge and they didn't do it, so it immediately reopens his discharge for questioning anyway (this is the injustice).

As long as you can show that an injustice was done upon discharge, then you should be able to build a case, BUT DEFINITELY CONSULT A LAWYER. The process of the Review Boards is completely different than VA and the usual Military Psychical Evaluation boards so consulting a lawyer familiar with the process can be the difference between a medical retirement and nothing.

Good Luck

Hi, I am sorry...I thought I had clarified that point in my previous posts. I am currently rated as 100% Permenant and total SERVICE CONNECTED for PTSD with clinical Major Depression and Anxiety attacks. I also have a service connected rating of 50% for severe Chronic Obstructive Sleep Apnea, 10% Service Connected for Tinnutis to both ears and 0% service connected for tinnitus in both ears. So, I have a permenant and total Service connected rating of 100% with a Special Monthly Compensation...I hope that clarifies everything.. :) Also, if I submit to the DoD for a change in my service discharge type will that jeapordize any of the ratings I currently have with the VA? Thanks for your assistance!


Edited by hawkfire27, 11 April 2010 - 09:13 PM.


#15 Marinesniper

 
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Posted 11 April 2010 - 11:24 PM

No, I have no negative opinion based on anything you have said. I tried myself to get my honorable discharge changed to a medical. I found out that you really need representation because the board will just flush your claim down the toilet without one. The boards don't mind giving a medal or something that is not going to cost the military a dime. When you ask for money or a benefit then they become hardass. I am saying that you are going to have a fight on your hands, so get a lawyer. They don't respect vets who are not represented by experienced legal help. Consult with a lawyer and if he/she thinks you have a good chance then go for it. Otherwise, it is probably not worth the effort. You have about a 4% chance of winning. It is about money and liability. They have the money and you are the liability. Dealing with these boards is not like the VA. The burden is on you. The assumption is that your discharge was correct and unless their is some clear and obvious error that you can prove you will lose. Having representation gives you a fighting chance. I did get my discharge changed from a general to an honorable but that was within one year of discharge and I had representation. It cost the military nothing.



Ok, so do you feel the fact that they didn't include all of my medical conditions in my discharge an example of a clear and obvious error? I mean, I had clinical diagnosis of Major Depression and Anxiety disorders, and they didn't include ANY of that in my discharge..Those two conditions would meet the criteria for a physical condition that IS a disability, but they simply put in the one condition that wasn't considered a disability. Also, do you have any suggestions as to where I can find good representation for my case? Any suggestions would be very much appreciated! Thanks for your time and helpful suggestions!

Sincerely,

Marinesniper

#16 Marinesniper

 
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Posted 11 April 2010 - 11:35 PM

I have consulted an attorney regarding this very issue for my husband. There is a provision that waives the time limit if you have memory problems documented or that you spent time as an inpatient for your psych related illness.

The lawyer has stated he will take my husbands case (his service was in Vietnam, so even further back than yours) based on the simple fact the Army failed to do a psych evaluation on discharge. When they discharged him for going AWOL while in a dis-associative state (i.e. Memory loss of the AWOL) when he came too he returned immediately in full uniform to the nearest base, and told them what had happened. Then they attempted to court martial him, but he3 had a good JAG and they got him to sign a wavier etc and they let him go with a general discharge by the end of the whole mess.

The lawyer is from Dallas and will cost about $6000 for the whole case. He stated my husband has an excellent case, because if Psych problems are even suspected they are supposed to do a psych evaluation separate from the physical on discharge and they didn't do it, so it immediately reopens his discharge for questioning anyway (this is the injustice).

As long as you can show that an injustice was done upon discharge, then you should be able to build a case, BUT DEFINITELY CONSULT A LAWYER. The process of the Review Boards is completely different than VA and the usual Military Psychical Evaluation boards so consulting a lawyer familiar with the process can be the difference between a medical retirement and nothing.

Good Luck


Hi Hawkfire,

I was discharged for a "physical condition not a disability", even though I had been diagnosed with Major Depression with Anxiety disorder..I never received a "psych evaluation" since I was discharged for an eating disorder n.o.s. I had seen the "base psychologist", who diagnosed me with the ever typical "personality disorder", but the clinical psychologist I was seeing, whom Tri-Care referred me to, diagnosed me with Major Clinical Depression w/Anxiety Disorder. Also, I believe I have documented short-term memory problems in my medical records. I can't remember if I do or not (no pun intended). I can tell you that the military completely disregarded anything my Tri-Care referred doctors said, telling me that "Unless a military doctor says it we won't accept it". That's why none of the diagnosis of Major Clinical Depression or Anxiety Disorder were ever included in my discharge paperwork. THAT would be my case for proving that an error was made during my discharge paperwork...Anyways, what lawyer are you using from Dallas? I live in Arlington, Texas..

#17 john999

 
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Posted 12 April 2010 - 09:35 AM

Hawkfire

What would a vet who is rated 100% now have to gain from getting a honorable discharge changed to a medical? I served about 3 years. I got 10% rating within a year of discharge. However, now I am IU. I am also Vietnam vet. I did try and get my honorable discharge changed to medical. The BCMR just laughed at me. This is why I think it is very hard for a vet without a lawyer to get a change. My question is is it worth it? You can't get compensation from the military and the VA. I was telling Marinesniper that he needed to get a lawyer which you also say he needs. If I win my CUE that grants me 100% back to my discharge I will cough up the money and go for the discharge correction if it is worth it. I was under treatment for a mental disorder when I was booted out as a PD. I got no physical at all just a ride to the gate and a kick in the ass.

#18 Marinesniper

 
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Posted 12 April 2010 - 12:36 PM

Hawkfire

What would a vet who is rated 100% now have to gain from getting a honorable discharge changed to a medical? I served about 3 years. I got 10% rating within a year of discharge. However, now I am IU. I am also Vietnam vet. I did try and get my honorable discharge changed to medical. The BCMR just laughed at me. This is why I think it is very hard for a vet without a lawyer to get a change. My question is is it worth it? You can't get compensation from the military and the VA. I was telling Marinesniper that he needed to get a lawyer which you also say he needs. If I win my CUE that grants me 100% back to my discharge I will cough up the money and go for the discharge correction if it is worth it. I was under treatment for a mental disorder when I was booted out as a PD. I got no physical at all just a ride to the gate and a kick in the ass.


John,

I might be wrong, but I was under the assumption that with recent changes veterans are now able to receive Dod and VA disability pay concurrently. The obvious benefit of getting a military retirement vs. an Honorable Discharge is the medical and travel benefits. According to all of the documents I have reviewed, including the Secnavisnt which covers PEB, I should have been eligible at the time for a PEB due to my having been diagnosed with Major Depression, Clinical with Anxiety disorder which had been rated as severe and recurring. This was never even mentioned in my discharge, as I was discharged for a physical condition NOT rated a disability (Eating Disorder N.O.S.), not to mention they had previously tried to discharge me as a weight control failure and told me that they would not recognize or accept the medical diagnosis by the Tri-Care referred Psychologist since they were not a military doctor. Challenging this discharge would be "worth it" on many levels to me. First of all, they railroaded me by not even admitting or recognizing that I had been diagnosed with Major Clinical Depression (rated severe and recurring) or Anxiety disorders. They also failed to process my Eating Disorder appropriately according to the secnavinst that deals specifically with the diagnostic codes and how to handle them. I never received a discharge physical evaluation for my depression, only the general discharge examination that we all receive prior to getting out. Where have you seen anything stating recently that you cannot receive compensation from the military and the VA at the same time? I know this was the case in the past, but that recent changes have now made it possible to receive compensation from both at the same time. There is also a clause within the rules of the BCMR that states that the three year filing time can be waived "In the intersest of justice, or if a problem with memory existed that would have prevented the servicemember from filing in a timely manner". I could also prove that I did not file within the specified amount of time due to severe fear of reprisal from the military for such actions caused by severe discrimination and threats made to me during my time in the service. In other words, I didn't file for a review out of the fear that something bad might happen to myself or my family if I did...Such fears were diagnosed and addressed in my diagnosis paperwork from my psychologist while in the militar. I may not have "a snowball's chance in hell", but I surely have to pursue this because it is the right thing to do!!

#19 john999

 
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Posted 12 April 2010 - 12:46 PM

Sniper

You can get concurrent pay if you served 20 years and retired from the military. What that means is you get your retirement and you can get VA disability separate from your retirement pay. That is only for those who retire with 20 years or more. If you get medical retirement you have to take the military disability pay, or the VA compensation. You can't get both as far as I know. The benefit you could get I think is Tricare and treatment at military facility. If you were boarded out of the military before 20 years you don't get concurrent receipt.

#20 Marinesniper

 
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Posted 12 April 2010 - 03:25 PM

Sniper

You can get concurrent pay if you served 20 years and retired from the military. What that means is you get your retirement and you can get VA disability separate from your retirement pay. That is only for those who retire with 20 years or more. If you get medical retirement you have to take the military disability pay, or the VA compensation. You can't get both as far as I know. The benefit you could get I think is Tricare and treatment at military facility. If you were boarded out of the military before 20 years you don't get concurrent receipt.


Ok, that makes sense. Thanks for helping me understand everything John! About the only thing I could gain then would be the Tri-Care and the Space "A" travel...And a better feeling about getting a medical retirement from the military instead of being discharged for a "physical condition NOT a disability", eh? Ah well...as you said, is it really going to be worth it for me? I guess THAT depends on how much it will cost me..hehe Anyways, I thank you for your time and patience in sharing your knowledge with me. I'm still looking for more information from anyone else who may have additional info for me!

#21 hawkfire27

 
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Posted 12 April 2010 - 09:40 PM

Hi John,
Excellent question!

What can you hope to benefit. You receive disability payment up to the date you 100% VA comp starts, and for my husband that is about 20 year back-payed military disability. You also get Space A travel and Tricare to get out of the VA health system, and more freedom to choose specialists etc, and dental for spouse and dependent children (if any).

You also get the benefit of having a wrong righted. It can do a lot for some vets to be validated and get an apology, especially if they received a lower discharge than they deserved. For my husband he just can't wait until they acknowledge their mistake. It will just give him his pride back to have this stuff recognized, and to get his honorable discharge.

So it really depends on your case, and what the discharge will mean to you. Also it is not about there being an "error" but about there being an "injustice". In other words if you were a great soldier and through no fault of your own you were discharge with a general, or LTH, and you were discharged without proper procedure then that is an injustice. If you were discharge other than honorable or general and the correct procedure was follow then that is not considered an injustice because they followed procedure. It is a tough to decide whether or not to spend the money to get this corrected because nothing is guaranteed.

The lawyer we consulted is this guy http://usmilitarylawyer.com/ he said for approx $6000 he could take the case. We are just trying to save up for the lawyer fees now, and when we have them we are going for it. In the mean time we are researching hard out, and I am trying to find a copy of the 1960/70's regs regarding discharge so that we have everything we can to fight for our caseI have photocopies of pages from it but I am looking for an official copy to verify the information.

John999 I think the big problem with you looking for Medical Retirement is that you need to have been in for at least 8 years active duty in order to qualify for medical retirement or disability of 50% or more, less than 8 years or 50% disability rating (military NOT VA) is medical discharge which doesn't have the tricare and space A benefits nor a monthly comp. Remember that just because VA rates you with a percentage DOES NOT mean that the military has the same ratings. I know someone that had a 30% ratings upon discharge and got 100% within a year of discharge from the service, so VA ratings don't mean a thing. The military is rating on your ability to perform you MOS and the VA is rating you on your inability to perform a civilian career. So I don't know if it would be worth it too you to pursue a discharge upgrade unless the regulations back in the 60s and 70's gave a severance check to medical dischargees. Also I am sure the same rules apply as today, where if you get a severance lumpsum it is taken out of your VA comp, so hmmmmmmm, I see your dilemma, and wish I had better advice for you, but alas I am not a lawyer. I have a few links below you may want to check out and ask a few more questions before you decide, and marinesniper may want to check these out too.

This is where we started: http://arba.army.pen.....uide 2005.pdf this is for teh Army though so you need to find the similar manual for whatever service you were in.

Swords to Plowshares has a free information pack they can send you to trying ringing them, their number is on their website: http://www.swords-to-plowshares.org/ I think it is: 415-252-4788.

Anyway good luck!

Just a side note for JOhn999, they will not grant medical retirement for PTSD prior to 1980's, but they did have the diagnoses for Battle fatigue/Combat Stress Reaction back then, and if they failed to diagnoses this then that may be something to stand on, especially if symptoms are documented and any psych diagnoses were later change to PTSD in the 1980's.

Hawkfire

What would a vet who is rated 100% now have to gain from getting a honorable discharge changed to a medical? I served about 3 years. I got 10% rating within a year of discharge. However, now I am IU. I am also Vietnam vet. I did try and get my honorable discharge changed to medical. The BCMR just laughed at me. This is why I think it is very hard for a vet without a lawyer to get a change. My question is is it worth it? You can't get compensation from the military and the VA. I was telling Marinesniper that he needed to get a lawyer which you also say he needs. If I win my CUE that grants me 100% back to my discharge I will cough up the money and go for the discharge correction if it is worth it. I was under treatment for a mental disorder when I was booted out as a PD. I got no physical at all just a ride to the gate and a kick in the ass.


Edited by hawkfire27, 12 April 2010 - 10:33 PM.


#22 john999

 
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Posted 13 April 2010 - 08:41 AM

Hawk

Thanks. I went to that lawyer's web page and looked it over. If I win my CUE I wonder how the Army would explain my being awarded 100% the day after discharge while they kicked me out with no disability. How do you go from 100% disabled to no disability in 24 hours? I don't know what the medical retirement rules were back in 1971. Plenty of soldiers were discharged for medical during Vietnam, and most did not serve 8 years.

#23 Berta

 
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Posted 13 April 2010 - 04:10 PM

Good info Hawkfire!-I thought it was 15 years in, for Med Discharge, that could possibly set up CRDP CRSC scenario.

But I concede to your knowledge here.

When we moved to NY and started to go to the Bath VA my husband and I were shocked at all of the lifers there on the grounds, in the VAMC, or the DOM....
Because they said they were retired from the military.

But they were not-in almost every case-"lifers" ( military retirees) at all.I know ths vet isnt tryng to misrepresent hs service period but concurrent receipt (CRDP) and/or Combat Related Special Compensation (CRSC)has length of service requirements that I posted here a few times but I forget what the time criteria is.

#24 hawkfire27

 
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Posted 03 June 2010 - 10:06 PM

Hey Berta,
Sorry it has taken me so long to respond to your post.

There is a huge difference in Medical Discharge and Medical Retirement.

Medical discharge, is for people discharged with less than a 50% MILITARY disability rating and less than than 8 years active duty service. It provides a lump sum severance check and an escalated VA compensation claim. There is no residual benefits

Medical Retirement is for people with a disability of 50% or more (certain rules apply) with less than 8 years active duty service, OR any % rating with 8 years service or more. This provides a monthly check from the Military service, and VA comp, and if you can SSD as well. So a medical retirement is much better than a medical discharge, uinfortunately many people being medically discharged are having the MILITARY disability rating low balled to stop them from recieving the retirement, or if they qualify through length of service, they are completely ignoring their own regs and giving peopel medical discharge without them knowing that they qualify for medical retirement. Terrible eh!

As for the CRDP/CRSC scenario, I bleieve you are correct, I haven't found anything that allows combat pay to medical retirees. Technically Medical retirement could be considered Combat pay itself. Posted Image


Good info Hawkfire!-I thought it was 15 years in, for Med Discharge, that could possibly set up CRDP CRSC scenario.

But I concede to your knowledge here.

When we moved to NY and started to go to the Bath VA my husband and I were shocked at all of the lifers there on the grounds, in the VAMC, or the DOM....
Because they said they were retired from the military.

But they were not-in almost every case-"lifers" ( military retirees) at all.I know ths vet isnt tryng to misrepresent hs service period but concurrent receipt (CRDP) and/or Combat Related Special Compensation (CRSC)has length of service requirements that I posted here a few times but I forget what the time criteria is.






#25 Marinesniper

 
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Posted 04 June 2010 - 02:17 AM

Wow, this whole thing is giving me a HUGE headache...All I want to know is if I stand a snowball's chance in hell of getting my discharge changed to a medical discharge..Lol...Should I check with the DAV since they are the ones that handled my original case??

Hey Berta,
Sorry it has taken me so long to respond to your post.

There is a huge difference in Medical Discharge and Medical Retirement.

Medical discharge, is for people discharged with less than a 50% MILITARY disability rating and less than than 8 years active duty service. It provides a lump sum severance check and an escalated VA compensation claim. There is no residual benefits

Medical Retirement is for people with a disability of 50% or more (certain rules apply) with less than 8 years active duty service, OR any % rating with 8 years service or more. This provides a monthly check from the Military service, and VA comp, and if you can SSD as well. So a medical retirement is much better than a medical discharge, uinfortunately many people being medically discharged are having the MILITARY disability rating low balled to stop them from recieving the retirement, or if they qualify through length of service, they are completely ignoring their own regs and giving peopel medical discharge without them knowing that they qualify for medical retirement. Terrible eh!

As for the CRDP/CRSC scenario, I bleieve you are correct, I haven't found anything that allows combat pay to medical retirees. Technically Medical retirement could be considered Combat pay itself. Posted Image





#26 Pete53

 
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Posted 04 June 2010 - 05:23 AM

Thanks for this thread it has been most informative. I had panic attacks lots of them in my two years but did not know that I had Panic Disorder till 21 years after I separated from Army. After I found the nexus reviewed my records I wondered if I could have gotten a medical discharge or retirement. I do have 3 hospitalizations due to Major Depression and Panic Disorder. I have been linked to Panic Disorder during my service by the VA.

I have always felt that I was wronged and that the Army should have discharged me much earlier and for Medical reasons. I have not talked about it before but can you imagine the hell of clusters of panic attacks that involved being manhandled slapped around and drugged up and rides in the ambulance and one week of hospitalization which was mostly spent talking to a shrink who wrote in my SMR's I should be sent home but not told a damn thing.

Yes I made it through and I was "the crypto clerk" until I separated and trained a recruit before I left. In all likelihood many regulations were violated at the time.When I was not available there was no access to crypto machines and codes. I guess it was ok cause the chopper pilots never used them anyway.I was the only person in the Squadron who could get in the crypto cage with over 10 combination locks and I was only person who knew them and it was against SOP to write them down.

So back to the point I am only interested in money is it worth it to try for it. Marinesnipper I want to thank you for starting this thread.

#27 john999

 
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Posted 04 June 2010 - 08:20 AM

You may have a fighting chance but without a lawyer representing you I believe you have no chance. When you ask the BCMR to change something the burden is on you. You must prove that they made an error when military discharged you for other than a medical discharge with pension. The BCMR is not like the VA. You don't have the appeal process. You can't file a NOD on their decision. You present your facts and arguments and they decide. It has to be crystal clear that an error was made when you were discharged. If you were awarded 100% from the VA effective day after discharge I think that is the kind of error that might get you there. This is my opionion from my experience with the same issue as you. I got 10% SC day after discharge, but was discharged as honorable instead of medical. That is not good enough. The people at BCMR are not user friendly when you are asking for money or benefits. Forget about DAV. You need to consult with a lawyer who does this kind of work.

#28 Berta

 
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Posted 04 June 2010 - 09:41 AM

Hawkfire Thank you for that very concise and informative post!!!!

your point is well taken-I just ran into a friend who just retired from Navy reserves after 32 years total service and I forgot to ask him about something he told me last December when they began the muster out process for him-he said he had called Navy DC to see when his discharge physical would be done- and where- and they said he didn't need to have one.That was last December- I forgot to ask him today if he ever got one- does that make sense to you?



Hey Berta,
"Sorry it has taken me so long to respond to your post.

There is a huge difference in Medical Discharge and Medical Retirement.

Medical discharge, is for people discharged with less than a 50% MILITARY disability rating and less than than 8 years active duty service. It provides a lump sum severance check and an escalated VA compensation claim. There is no residual benefits

Medical Retirement is for people with a disability of 50% or more (certain rules apply) with less than 8 years active duty service, OR any % rating with 8 years service or more. This provides a monthly check from the Military service, and VA comp, and if you can SSD as well. So a medical retirement is much better than a medical discharge, uinfortunately many people being medically discharged are having the MILITARY disability rating low balled to stop them from recieving the retirement, or if they qualify through length of service, they are completely ignoring their own regs and giving peopel medical discharge without them knowing that they qualify for medical retirement. Terrible eh!"

As for the CRDP/CRSC scenario, I bleieve you are correct, I haven't found anything that allows combat pay to medical retirees. Technically Medical retirement could be considered Combat pay itself. Posted Image

#29 Michellee

 
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Posted 04 June 2010 - 08:32 PM

Hawkfire27
This is really interesting topic, I was discharged with severance pay I had 14 years all active duty time and and misdiagnosed and mistreated, I even have a letter to that affect from my then company commander. I didn't know any better at the time and was really grateful for any thing. I had children to feed my spouse had just retired and had no job. I begged to stay in but was sent before the PEB and they basically sent me home honorably with about 18,000 dollars that they taxed and eventually I had to fight for the tax back, then I got home to report to the VA as told and they requested the money back by taking it out of my compensation. I started with 30% at the VA and it was an absolute mess. From your post it sounds like I met the criteria to be medically retired and not medically discharged as I was. Wow. Well thats all water under the bridge now.



Hey Berta,
Sorry it has taken me so long to respond to your post.

There is a huge difference in Medical Discharge and Medical Retirement.

Medical discharge, is for people discharged with less than a 50% MILITARY disability rating and less than than 8 years active duty service. It provides a lump sum severance check and an escalated VA compensation claim. There is no residual benefits

Medical Retirement is for people with a disability of 50% or more (certain rules apply) with less than 8 years active duty service, OR any % rating with 8 years service or more. This provides a monthly check from the Military service, and VA comp, and if you can SSD as well. So a medical retirement is much better than a medical discharge, uinfortunately many people being medically discharged are having the MILITARY disability rating low balled to stop them from recieving the retirement, or if they qualify through length of service, they are completely ignoring their own regs and giving peopel medical discharge without them knowing that they qualify for medical retirement. Terrible eh!

As for the CRDP/CRSC scenario, I bleieve you are correct, I haven't found anything that allows combat pay to medical retirees. Technically Medical retirement could be considered Combat pay itself. Posted Image





#30 hawkfire27

 
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Posted 05 June 2010 - 12:41 AM

Hey Berta, thanks for your reply.

From a military perspective, no he probably doesn't need a medical because he is checking out by retirement, and is probably getting the maximum the military would give him anyway. However, he should definitely have gotten one because without one it could cause major problems for him if he ever needed to service connect any disabilities. Technically exits exams are not required unless the veteran is under MEB proceedings for medical separation.

Just a little more info that maybe helpful to someone./////

The exit exam is the biggy when people are talking about upgrades in discharges or changing a discharge later on like Marinesniper is talking about. If you didn't get a physical exam and there are DOCUMENTED records in your SMR indicating an illness or disability/treatment etc. then this is grounds for the BCMR to review the discharge. For mental health issues, their is supposed to be a physical exam and a separate mental evaluation as well. If the discharge is due to mental disorder such as Personality or Adjustment disorder, or PTSD and the armed service the veteran was serving in did not perform a separate mental evaluation then this can also be grounds for the BCMR to review.

Others can be in the situation like get a LTH discharge because of personality disorder, the military service is still required to follow procedure and perform both the physical and mental evaluations regardless of the type of discharge, when a mental or phyiscal condition is evident, such as the case with LTH discharges due to personality disorders. If the military service fails to perform these evaluations, you can have grounds for a review, change, or upgrade of discharge.

Hope that makes sense?

Hawkfire Thank you for that very concise and informative post!!!!

your point is well taken-I just ran into a friend who just retired from Navy reserves after 32 years total service and I forgot to ask him about something he told me last December when they began the muster out process for him-he said he had called Navy DC to see when his discharge physical would be done- and where- and they said he didn't need to have one.That was last December- I forgot to ask him today if he ever got one- does that make sense to you?


Edited by hawkfire27, 05 June 2010 - 05:01 PM.





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