Jump to content
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
Sign in to follow this  
pog

Chaptered When I Should Have Been Meb

Question

I was awarded 50% for PTSD starting the day after my discharge from the Army by the VA. As I was researching my appeal I started to realize I should have been Boarded instead of Chaptered. I had a clear diagnosis of PTSD, from an independent PSYCHIATRIST but the Army mental health said I should be Chaptered. At the time I just wanted out because I was working in a clearly hostile work environment.

Is it possible to appeal my chapter to receive the benefits I would have received if I had been med boarded?

Share this post


Link to post
Share on other sites

2 answers to this question

Recommended Posts

Hopefully one of the elders or those experienced in this arena will chime in her to help you out. Good luck. :D

Share this post


Link to post
Share on other sites

Ad

to appeal a chapter discharge either 10 or 13 you will need an attorney to handle the appeal process with the Army Board it is not an easy nor is it quick and very seldom are they overturned if you could get it over turned yes the Army would have to retire you under Chapter 61 and if you are married and have kids given them Tricare and ID cards and the DOD would have to pay retirement benefits

you stand a better chance of buying a winning lottery ticket to be honest

under the provisions of that lawsuit I think they are going to have to review your discharge you should contact them

http://www.lawyersservingwarriors.com/news...es-10-0125.html

News Releases

http://www.lawyersservingwarriors.com/news...es-10-0125.html

CLASS ACTION LAWSUIT TO YIELD BETTER BENEFITS FOR THOUSANDS OF

VETERANS SUFFERING FROM PTSD AND THEIR FAMILIES

Veterans must opt-in by July 24 for disability rating upgrade and expedited review of benefits, NVLSP and Morgan Lewis available to counsel veterans on their rights as class members

FOR IMMEDIATE RELEASE January 25, 2010

WASHINGTON—Following an order issued by the judge overseeing Sabo v. United States, legal notices are being mailed this week to more than 4,300 veterans who served in Operation Iraqi Freedom or Operation Enduring Freedom and were diagnosed with post traumatic stress disorder (PTSD).

The court’s notice invites them to join a class action lawsuit filed in December 2008 in the U.S. Court of Federal Claims by signing and submitting an “opt-in” form no later than July 24, 2010. Submitting this form will allow these veterans to take advantage of a negotiated resolution that guarantees an upgrade in the veteran’s disability rating and an expedited review by a military correction board to determine the full extent of the rating improvement.

The lawsuit, filed on behalf of seven veterans by the non-profit National Veterans Legal Services Program (NVLSP) and pro bono counsel Morgan Lewis & Bockius LLP, alleges that between December 17, 2002 and October 14, 2008, the military illegally denied benefits to an entire class of service members who returned from Iraq and Afghanistan with PTSD and were discharged from service.

As a result of the suit, the military has agreed to expedite a review of records to increase the disability ratings previously issued to all class members. To help affected veterans navigate the process of seeking the benefits to which they are entitled, NVLSP and Morgan Lewis are bringing together approximately 100 volunteer lawyers to offer free counseling to all class members.

The disability ratings which are the subject of the lawsuit are critically important to veterans with PTSD. A permanent disability rating of 30% or more entitles a veteran to monthly disability benefits for the rest of the veteran’s life, to free health care for the veteran and his or her spouse for life, and to free health care for their minor children.

“For years, the law has required the military to assign a disability rating of at least 50% to all veterans discharged for PTSD. This rating (above 30%) would give them the medical benefits they need. And, in October 2008, the Department of Defense in fact ordered the military to assign a 50% rating for PTSD going forward,” said Bart Stichman, co-executive director of NVLSP. “Yet, each of the seven named plaintiffs in our lawsuit received a rating of 10% or less. We believe there are thousands more who were likewise shortchanged.”

Eligible veterans who join the suit will be entitled to expedited review of their disability rating, a correction of military records to show their rating for PTSD was at least 50% for the six-month period following the date of release from military service, as well as a determination of whether the new rating should be permanently increased, decreased, or remain the same.

After their rating is increased, class members may receive back pay of disability benefits, reimbursement for health care expenses the military should have covered, as well as future benefits to which they and their families are entitled—potentially millions of dollars in benefits over time.

“Even if the military board does not end up permanently raising a veteran’s PTSD disability rating, the veteran retains the right to ask the court to do so,” added Stichman. “In short, they cannot end up worse off by virtue of joining the lawsuit and agreeing to a board review.”

WHO CAN BE A CLASS MEMBER IN THIS CLASS ACTION LAWSUIT?

All individuals who (a) served on active duty in the U.S. Army, Navy, Marine Corps, or Air Force, (:) were found by a Physical Evaluation Board to be unfit for continued service due, at least in part, to the individual’s PTSD, © were assigned a disability rating for PTSD of less than 50%, and, as a result, (d) were released, separated, retired, or discharged from active duty after December 17, 2002, and prior to October 14, 2008 (regardless whether such release, separation, retirement, or discharge resulted in the individual’s placement on the Temporary Disability Retirement List).

Veterans who do not receive the legal notice, but who believe they may qualify as a class member in Sabo vs. United States, should go to www.ptsdlawsuit.com to obtain information about their rights in the lawsuit.

http://www.lawyersservingwarriors.com/news...es-10-0125.html

Go to Web site: http://www.ptsdlawsuit.com/index.html

It only involves veterans who

(a) served on active duty in the U.S. Army, Navy, Marine Corps, or Air Force, (B) were found by a Physical Evaluation Board to be unfit for continued service due, at least in part, to the individual's PTSD, © were assigned a disability rating for PTSD of less than 50%, and, as a result, (d) were released, separated, retired, or discharged from active duty after December 17, 2002, and prior to October 14, 2008 (regardless whether such release, separation, retirement, or discharge resulted in the individual's placement on the Temporary Disability Retirement List).

Key Facts Regarding Sabo, et al., v. United States

On December 18, 2009, the United States Court of Federal Claims ordered that a legal notice be sent to you and all other veterans of the U.S. Armed Services who may be eligible to join the lawsuit known as Sabo, et al. v. United States.

The Sabo lawsuit was brought by seven veterans from the U.S. Army, Navy, Marine Corps, and Air Force. The seven veterans were discharged from military service as a result of a finding by a Physical Evaluation Board ("PEB") that they were unfit for continued active duty service due, at least in part, to Post Traumatic Stress Disorder ("PTSD"), and were assigned a disability rating for PTSD of less than 50%. You received the Court-approved legal notice because government records indicate that you -- like the seven veterans who filed the Sabo lawsuit --were discharged from the Armed Services between December 17, 2002 and October 14, 2008, were found unfit for continued active service due, at least in part, to PTSD, but were assigned a disability rating for PTSD of less than 50%.

The seven veterans in the Sabo lawsuit claim that the PEBs violated their legal rights, as well as yours, by assigning a disability rating for PTSD below 50%. The seven veterans have asked the Court to order the military services to give them - and to give you if you join the lawsuit - all of the military retirement benefits to which a veteran with at least a 50% PTSD rating would be entitled.

The military services deny that they have done anything wrong, and the Court has not yet decided that issue. For those who "opt-in" to the class, the military services agreed to prioritize applications to the records corrections boards requesting an increase of their PTSD ratings.

The Court approved the legal notice that was sent to you and other eligible veterans to inform you of your rights to either join or not join this lawsuit, and what you would need to do to join this lawsuit, if that is what you decide to do.

Under the Rules of United States Court of Federal Claims, the Court has allowed the lawsuit to be a class action on behalf of the following individuals:

All individuals who (a) served on active duty in the U.S. Army, Navy, Marine Corps, or Air Force, (B) were found by a Physical Evaluation Board to be unfit for continued service due, at least in part, to the individual's PTSD, © were assigned a disability rating for PTSD of less than 50%, and, as a result, (d) were released, separated, retired, or discharged from active duty after December 17, 2002, and prior to October 14, 2008 (regardless whether such release, separation, retirement, or discharge resulted in the individual's placement on the Temporary Disability Retirement List).

If you fit this definition, you may choose to join (or "opt-in" to) this lawsuit as a Class Member.

Even though you may have a right to join this lawsuit, there is no obligation to join and you do not lose any legal rights by declining to join.

The lawyers who represent the veterans in the Sabo lawsuit are not charging the veterans a fee for their services. These lawyers have agreed not to charge you or other class members a fee if you choose to join the lawsuit.

If you join this lawsuit, neither the Court nor a military records correction board can reduce the PTSD rating(s) that the PEB assigned to you absent fraud or unusual circumstances.

The FAQs (Frequently Asked Questions) and Summary of Rights and Options provide more detailed information regarding this lawsui

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
      • 20 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
×

Important Information

{terms] and Guidelines