Should I file BCNR

J

Jake Jacobs

Member
Registered Member
Greetings all.

I was involuntary separated in 2007 by the wonderful "Fit but not fit for sea duty" scam after 10 years of flawless Naval service. I was given half sep pay and shown the door. My PEB findings and medical diagnosis was parasomnia not other specified. After I got out the VA gave me 50% for the same diagnosis, and withheld my compensation till I payed back every dime of the sep pay. Fast forward to Friday. The VA (after a grueling 4 years of treatment and going over every inch of my Navy medical record) changed my diagnosis to Navy service related PTSD and I now receive 50% compensation for PTSD. The VA went on to say the Navy did me a injustice, and it should have been PTSD all along and that the original diagnosis was so they did not have to med separate me. My question here today is should I submit a BCNR to try and get them to accept the PTSD and fight for a medical discharge? If so I have no idea even how to start.

Thanks,

Jake
 
Yes, I would fight this....I tend to think in your case the BCNR is the correct venue for now (you may have a case for wrongful discharge that you could fight directly in Court of Federal Claims, though). I would consider filing for disability retirement and a claim for wrongful discharge.

These cases are complicated and I would consider seeking legal representation. An important issue in BCNR cases is that any issues not raised at that level cannot be raised for the first time in court.
 
I feel what you have gone through, similar situation happened to me. I was admin sep'd in 2007 after 10 1/2 years of service for what was dictated on my PEB as post partum depression although I was diagnosed with Major Depressive Disorder so I was found fit but unfit for sea duty as well...in the process now of gathering documents to file an application with BCNR. I receive 50% from VA for depression/anxiety. I got screwed and it's unfortunate I didn't think it was anything I could do about it until a couple months ago.
 
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