Military Retirement? Disability Within 1yr Dischg

[Tbird]

got asked this the other day and it would seem this may apply to many folks.

scenario

at the end of your enlistment you get out just regular muster out and then within 1 year of your discharge you are being treated for what turns out to be a service connected condition.

questions

a. is the veteran entitled to go back to the military and try for military retirement?

b. is there a presumption for certain conditions that present within 1 year of discharge?

[Wings]

Tbird, Yes and Yes. The "presumptions" are for "chronic illnesses" found in the C.F.R.eg's found on this page http://www.warms.vba.va.gov/bookb.html#g

See C.F.R's

3.307 Presumptive service connection for chronic, tropical, or prisoner-of-war-related disease, or disease associated with exposure to certain herbicide agents; wartime and service on or after January 1, 1947

3.308 Presumptive service connection; peacetime service before January 1, 1947

3.309 Disease subject to presumptive service connection

AND, There are a couple of recent Federal Circuit cases that provide a road map for claiming military, disability retirement. I believe there is a statute of limitations. I'll have to research these and get back to you. ~Wings

Edited September 18, 2005 by Wings

[john999]

Too bad I can't go back 34 years and claim disability retirement since my disability began the last day of my service because I filled within one year of discharge. No one ever told me any of this was possible . I was suffering from a mental disorder and was discharged for inability to adapt to a military environment due to a character disorder after returning from RVN. I got screwed again. My discharge was changed to straight honorable but I wish I had known about the disability thing.

[Hoppy]

Tbird, Yes and Yes.  The "presumptions" are for "chronic illnesses" found in the C.F.R.eg's found on this page http://www.warms.vba.va.gov/bookb.html#g

See C.F.R's

3.307 Presumptive service connection for chronic, tropical, or prisoner-of-war-related disease, or disease associated with exposure to certain herbicide agents; wartime and service on or after January 1, 1947

3.308 Presumptive service connection; peacetime service before January 1, 1947

3.309 Disease subject to presumptive service connection

AND, There are a couple of recent Federal Circuit cases that provide a road map for claiming military, disability retirement.  I believe there is a statute of limitations.  I'll have to research these and get back to you.  ~Wings

<{POST_SNAPBACK}>

Wings,

We talked about this about a year ago becuse my SO told me I should apply for retroactive military retirement based on the last C&P exam that was done by a doctor the DRO chose. You found the info then and posted it. My recollection is that there is a three year filing period based on the date you became aware of the possibility that you had a claim. There is also a process to request allowance of a longer time period. The best bet is to file it within the three year period. I am seriously considering filing for this. However, the VA caused me so many headachs I am leary of doing anything right now.

Did you get the email I sent you a couple weeks ago?

Hoppy

100% for Angioedema with secondary conditions

[Wings]

Hoppy, I did read your e-mail but I was lazy and busy and did not get back to you. I apologize. Some good things have come your way - and I am glad. I think I found the recent case - and will post it ASAP. Please send the e-mail again if you have it. ~Wings

Edited September 18, 2005 by Wings

[Wings]

Tbird, Yes and Yes.  The "presumptions" are for "chronic illnesses" found in the C.F.R.eg's found on this page http://www.warms.vba.va.gov/bookb.html#g

See C.F.R's

3.307 Presumptive service connection for chronic, tropical, or prisoner-of-war-related disease, or disease associated with exposure to certain herbicide agents; wartime and service on or after January 1, 1947

3.308 Presumptive service connection; peacetime service before January 1, 1947

3.309 Disease subject to presumptive service connection

AND, There are a couple of recent Federal Circuit cases that provide a road map for claiming military, disability retirement.  I believe there is a statute of limitations.  I'll have to research these and get back to you.  ~Wings

<{POST_SNAPBACK}>

Download this case here http://caselaw.lp.findlaw.com/data2/circs/fed/045134p.pdf

Or see attached PDF

United States Court of Appeals for the Federal Circuit

04-5134

JAMES S. CHAMBERS,

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Appellee.

__________________________

DECIDED: August 1, 2005

__________________________

Before MICHEL, Chief Judge, MAYER and DYK, Circuit Judges.

Opinion for the court filed by Chief Judge MICHEL. Dissenting opinion filed by Circuit Judge DYK.

MICHEL, Chief Judge.

James S. Chambers (“Chambers”) appeals the decision of the United States Court of Federal Claims granting judgment upon the administrative record in favor of the United States (“the government”). Chambers v. United States, No. 03-1767-C (Fed. Cl. July 12, 2004). The trial court upheld the decision of the Army Board for Correction of Military Records (“ABCMR” or “Board”) denying Chambers’ request to reopen his 1970 honorable discharge from the military to assess whether he suffered from post traumatic stress disorder (“PTSD”) while on active duty such that he should have been retired for disability under 10 U.S.C. § 1201 with disability retirement or severance pay.

Chambers.pdf

Edited September 18, 2005 by Wings

[Hoppy]

Hoppy, I did read your e-mail but I was lazy and busy and did not get back to you. I apologize. Some good things have come your way - and I am glad. I think I found the recent case - and will post it ASAP. Please send the e-mail again if you have it. ~Wings

<{POST_SNAPBACK}>

I just came back online to add a P.S. that I had the info on my computer in San Diego. However, I won't be in San Diego until later next week. For now I am going on the basis that you have found this info. By the way when I go to San Diego I have a computer but no phone. So that is why I have been disappearing for a couple weeks at a time. This next time I go to San Diego I am getting a phone on my computer there.

Hoppy