I was medically discharged with 18 years and 7 month in 2007 with 20%. I was recently rated 60% by the VA which I was happy with. My old supervisor said to appeal this decison. Now, I feel my 18+ years should have counted for at least a medical retirement after listen to his advice. Can you give me any advice on how to purse this? If you don't stand for something, you will fall for anything. My wife is retired miliary so my medical is taken care of. I want to update my status.
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- Thread starter Danielal
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Jason Perry
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Danielal,
Welcome! I answered this question in your blog, but for the sake of simplicity/continuity of any follow up questions, I will answer here, too.
Your most likely route to getting an increase is to appeal to either the Board for Correction of Military Records (BCMR) or the Physical Disability Board of Review (PDBR). You can find more by searching on these topics from the navigation bar search link.
Best of luck!
Welcome! I answered this question in your blog, but for the sake of simplicity/continuity of any follow up questions, I will answer here, too.
Your most likely route to getting an increase is to appeal to either the Board for Correction of Military Records (BCMR) or the Physical Disability Board of Review (PDBR). You can find more by searching on these topics from the navigation bar search link.
Best of luck!
I meant to ask you earlier about a situation. The VA rated me on several items such a depression (30%) and diabetes (20%) which was not listed on my MEB summary report. My knees was given 20%. When I submit my application from separation to retirement, will the board use those rating to help reach my 30% or will those ratings be meaningless.
I don't see why not, if those conditions existed/documented at the time of your discharge.
You must prove to the BCM/NR's satisfaction that your depression and/or diabetes were also unfitting at the time of discharge. It is not enough to show that you merely had additional conditions rated by the VA since the VA can rate anything they deem service connected and the military only rates conditions they consider unfitting.
I recently went through the BCNR (Navy) and successfully petitioned to change my record to show I was put on TDRL instead of released from active duty and transferred to the IRR. I was able to accomplish this by providing copies of my separation physical, which was marked as "not qualified for service" due to xxx, as well as a letter from BUMED stating I was "not physically qualified for active service, promotion, transfer to, or retention in the Ready Reserve or Active Duty for training at this time due to xxx" that I received when I attempted to join the drilling reserve immediately following release from active duty. Additionally, I had the BCNR obtain my VA records that showed I was rated at 30% for xxx effective the day after my release from active duty. The BCNR also obtained two advisory opinions from relevant offices. One of the opinions supported my position and the other one didn't. I was able to submit a rebuttal to the unfavorable opinion before the BCNR met to consider my case. In the end, the BCNR agreed with the favorable advisory opinion and concluded that I should have been referred to a medical board and that I would have been found unfit at 30% due to xxx if proper procedure had been followed. The BCNR's recommendation was forwarded to a designee of SECNAV for his review and action and was given final approval, thus allowing for my record to be changed.
I submitted my DD149 in Sep. 2007 and received final official notification of the results in Feb. 2009. I would imagine the other BCMRs take approximately the same amount of time to get back to you.