Medical Retirement- but received Honorable Discharge

Takahashi

Member
Registered Member
My son was separated in 2009 from the USMC with the understanding he was receiving a medical retirement but instead he received an honorable discharge. My son has traumatic brain injury which has left him with alot of deficits and impairments. He has been rated 70% with the VA. For his TBI he only received a 10% rating which is wrong. The BCNR is reviewing his medical records and they will make the decision regarding the medical retirement he should have received. I need to know what other steps we can take to ensure my son receives his medical retirement.
1. His accident happened while servcie connected; how could he receive a wrongful discharge?
2. Since 2009, my son has had 2 cranial removals, 1 cranial reconstruction because of several bacterial infections and severe seizures. We are waiting on another cranial reconstruction toward the end of this year.
3. My son the right to see if he could perform the job he was trained to do. When the Marines saw his performance level had drastically changed and he could no longer perform his duties and compete with his peers a med board process should've been processed.
4. How many wrongful honorable discharges have been reversed to medical retirement?
5. Do we need to seek legal representation?
6. Most importantly, how do these mistakes happen?
The men and women serving this country with TBI are not the same people that entlisted. They have mentally changed with no fault of their own. Hopefully, someone can give this family some advice on what steps we need to take. If you cannot give us any advice, I would appreciate hearing other situations similar to ours.

May God Bless, Semper FI
 
Please call MSgt Roger Rands, Marine Corp Recovery Care Coordinator at office (612) 629-7466. Let me know what progress you make. If distance is an issue with this contact Roger or myself can connect you with your nearest USMC Recovery Care Coordinator to get this situation ironed out.
 
In regards to above; I also have dealt with a situation similiar to this. Rather than having a TBI-I was rated 40% VA Comp-Disability for PTSD, knees and tinnitus and now just finally dx with narcolepsy and cataplexy along with that and non eppileptic seizures besides. I was still active Reservist at the time of my rating and had problems at that time, however was still discharged honorably. I am not sure whether it should have been considered military medical retirement as well. I am just wondering the outcome of your situation and hope that you will get back to me regarding this.
 
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