Some Vets Get Shot At Medical Retirement

[pacmanx1]

Week of March 21, 2011

Approximately 70,000 veterans who were given a medical separation between September 11, 2001 and December 31, 2009 have the chance to have their separations reviewed and possibly changed to a medical retirement. The reviews are conducted by the Physical Disability Board of Review, which will examine each applicant's medical separation and make a recommendation to the respective Service Secretary based on their findings. Although there is no guarantee that applicants will become retirement eligible, there is no risk of veterans losing their existing benefits. To be eligible veterans must have been medically separated with a combined disability rating of 20 percent or less, and originally not found eligible for retirement. Visit the PDBR website to learn more and begin the application process.

Please pass this along to any veterans you know who may qualify for the PDBR.

Read more about the PDBR on the Military Advantage Blog.

[justrluk]

Yes, I'll get Tricare, dependent IDs, etc. just like a regular retiree. Hope the doc enclosed works. Please let me know if I forgot to redact anything:

[justrluk]

Directive received (dated 22 Dec 2011) for respective offices to publish new DD-214, TRICARE (already showing in eBenefits) and DFAS actions. Hope it doesn't take too long for the ID - I really need a surgery and can't afford the deductable (new insurance year)!

[hawkfire27]

Hey just, Have you looked into concurrent receipt and/or special combat pay. If your injury occurred during deployment to a theater of war you should be eligible for combat pay, combat pay doesn't require the minimum 20 years service and is applicable to medical retirees whose injuries are specifically related to combat.

Congratulations, my husband has just hired a lawyer to pursue medical retirement and a discharge upgrade from his service in vietnam. He is 100 + 60% for PTSD and ischemic heart disease (20% for diabetes too) he was in and out of psych facilities and PTSD programs ever since he got out with a general for the good of the service. It is nice to hear of the review boards spinning out some positive results for veterans.

Edited January 5, 2012 by hawkfire27

[justrluk]

Thanks, hawk!

No, I wasn't injured in combat so I'm not eligible for concurrent receipt. DFAS is still working out the details and according to the intake unit (just got a reply this A.M.), they're waiting on the receipt of my file from the PDBR so they can push actions to other offices for the new retirement orders, DD-214, etc. I work on a base, so I have ready access to the offices that will give me my ID, work TRICARE, etc. Can't wait to see if DFAS will use the retro from the AF plus the pay I won't receive to pay off the severance recoup. If they do, it will increase my VA comp by quite a bit.

Sorry to hear that you and your husband have had such a rough time. I'd say go for it! Get a lawyer and file to the board of correction for the applicable branch of service. I've also requested the board add to the list of disabling conditions the one that the VA rated highest at the time of discharge yet not considered during my MEB/PEB. Don't know if I'll have any luck, but it's worth a shot!

[Testvet]

Hey just, Have you looked into concurrent receipt and/or special combat pay. If your injury occurred during deployment to a theater of war you should be eligible for combat pay, combat pay doesn't require the minimum 20 years service and is applicable to medical retirees whose injuries are specifically related to combat. Congratulations, my husband has just hired a lawyer to pursue medical retirement and a discharge upgrade from his service in vietnam. He is 100 + 60% for PTSD and ischemic heart disease (20% for diabetes too) he was in and out of psych facilities and PTSD programs ever since he got out with a general for the good of the service. It is nice to hear of the review boards spinning out some positive results for veterans.

I doubt that the board will grant your spouse a military retirement going back to the 60s or early 70s based on PTSD and IHD related to AO which was just approved last year as a presumptive condition, do not pay this lawyer any cash up front he should be taking it as a contingency case and the chance for a award is slim to none

[hawkfire27]

Hey test vet thanks for your response. Based on those reasons alone no I don't think that they would either. However he was under mental health when he was discharged and was never even referred for medical or mental evaluation upon discharge. Further more they disappeared any records of mental health from his records, unfortunately for the army my husband has a copy and his official record still contains an article 15 document referring to his treatment at mental health. The trick is not to claim for PTSD but for his original diagnosis of anxiety neurosis with depressive features, this was the va diagnosis he received immediately after discharge and was rated as service connected.

Anyway thanks for your input. Lawyers don't do contingency for these type of cases because it's about discharge type and reason. Often there is no monetary award. Most of the time it changes the discharge so vets become eligible for va benefits and medical or other retirement type benefits.

Edited January 17, 2012 by hawkfire27