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?

[Jay Johnson]

My guess is, by what has been described here, that you cannot file for retirement if you are not enlisted, but there's a catch...when you enlist you typically enlist for active duty for, say, 4yrs, but you also agree to 2-4yrs of inactive reserves. I'm betting that they will allow you to file for actual retirement after discharge based on the fact that you are still "technically" contractually bound to the military. I would find it hard to believe that the military would give out money if they had no contractual obligation to the veteran...that would be the VA's responsibility. Just a guess though:-)

[Wings]

My guess is, by what has been described here, that you cannot file for retirement if you are not enlisted, but there's a catch...when you enlist you typically enlist for active duty for, say, 4yrs, but you also agree to 2-4yrs of inactive reserves.  I'm betting that they will allow you to file for actual retirement after discharge based on the fact that you are still "technically" contractually bound to the military.  I would find it hard to believe that the military would give out money if they had no contractual obligation to the veteran...that would be the VA's responsibility.  Just a guess though:-)

<{POST_SNAPBACK}>

Here, Chambers claims entitlement to military disability pay under 10 U.S.C. § 1201.

Section 1201 provides that upon the Secretary’s determination that a service member is "unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay," the service member may retire for disability. 10 U.S.C. § 1201(a) (2000).

[Hoppy]

Here, Chambers claims entitlement to military disability pay under 10 U.S.C. § 1201. 

Section 1201 provides that upon the Secretary’s determination that a service member is "unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay," the service member may retire for disability. 10 U.S.C. § 1201(a) (2000).

<{POST_SNAPBACK}>

Wings,

This is probably why my SO told me to file for retroactive retirement. I was discharged for medical reason. However, the military doctors said that I had a developmental or congenitial disease and it could not be service connected. The report written by the physician the DRO chose said that my condition was misdiagnosed by military doctors the diagnosis he replaced the misdiagnosis with was in fact service connectable.

[Wings]

Wings,

This is probably why my SO told me to file for retroactive retirement.  I was discharged for medical reason.  However, the military doctors said that I had a developmental or congenitial disease and it could not be service connected.  The report written by the physician the DRO chose said that my condition was misdiagnosed by military doctors the diagnosis he replaced the misdiagnosis with was in fact service connectable.

<{POST_SNAPBACK}>

Hoppy, I am certain there are cases at the BCMR, where some vet has won (?!) -- and, as the Chamber's case shows, any retroactive disability retirement must be heard at the 1st administrative level (the military boards for correction of records, DRB, BCMR), and must exhaust all administrative remedies before it can reach the Federal Circuit. The M.D.'s at the military level, whom are writing for the government are well versed to deny a service-member's (or ex member's) medical claim. The "presumption of fitness for duty" is a very narrow and rigid law. The VA is FRIENDLY compared to the military MD's at the MED, PEB boards! I'll see if I can find a winning case!! ~Wings

[mslynnclark]

Hoppy, I am certain there are cases at the BCMR, where some vet has won (?!) -- and, as the Chamber's case shows, any retroactive disability retirement must be heard at the 1st administrative level (the military boards for correction of records, DRB, BCMR), and must exhaust all administrative remedies before it can reach the Federal Circuit. The M.D.'s at the military level, whom are writing for the government are well versed to deny a service-member's (or ex member's) medical claim. The "presumption of fitness for duty" is a very narrow and rigid law. The VA is FRIENDLY compared to the military MD's at the MED, PEB boards! I'll see if I can find a winning case!! ~Wings