Admin Sep in 2007 and wanting to see if upgrade to medical retirement is possible

[tdgilbert1]

I served 10 1/2 years in the USN from 1996-2007. After failing sea duty screening in 2007 admin separation was initiated. When doing my check out process the Physical Evaluation office somehow had to sign off on the paperwork and found that with my years of service a medical board should have been done first. The psychologist that was treating me and diagnosed me with major depressive disorder, wrote the med board up for postpartum depression for instead. The findings came back fit for duty but unfit for sea duty and I was admin separated under honorable conditions. The VA rated me 50% for major depressive disorder in 2008( I filed the claim October 2007). I was upgraded to 100% P&T for this condition in 2014. I didn’t know it was anything I could do about the military discharge until stumbling on a Facebook post in a veterans group I am in and someone with a similar timeline stated they were trying to get upgrade to military retirement which led me to this forum. Is this something I can pursue now or is it too late?

 

[chaplaincharlie]

It would depend on your medical records at the time of discharge. You mention that you were discharged in 2007 and awarded 50% in 2008. How much time elapsed between your discharge date in 2007 and your mental health exam by the VA?

 

[tdgilbert1]

It would depend on your medical records at the time of discharge. You mention that you were discharged in 2007 and awarded 50% in 2008. How much time elapsed between your discharge date in 2007 and your mental health exam by the VA?

I filed the claim October 2007, my discharge date was 8/31/2007. My C&P exam was about a month after I filed I think.

 

[chaplaincharlie]

I would say your original VA percentages should stand as evidence of your condition at discharge. The next hurdle is demonstrating those conditions were unfit based on your service guidance at the time of discharge. If you can documents that demonstrate you were medically separated then you should include those in your BCMR claim. Be advised that can be a long ride, 2 years+.

 

[JoelPettit]

@tdgilbert1 chaplaincharlie is correct. I've dealt with several of these cases - full disclosure, I'm a former Marine JAG and civilian USN FPEB attorney turned private PEB attorney - and the timing is KEY! Your medical records from when you were in the Navy will be the focal point; tied with your evals. This is the only way to show that you meet both the sides of the IDES equation: medical disability + functional loss = referral to Disability Evaluation System. Without that initial referral, you never would have been eligible for a disability retirement. Hope this helps. Feel free to reach out if you have more questions.

 

[tdgilbert1]

It would depend on your medical records at the time of discharge. You mention that you were discharged in 2007 and awarded 50% in 2008. How much time elapsed between your discharge date in 2007 and your mental health exam by the

@tdgilbert1 chaplaincharlie is correct. I've dealt with several of these cases - full disclosure, I'm a former Marine JAG and civilian USN FPEB attorney turned private PEB attorney - and the timing is KEY! Your medical records from when you were in the Navy will be the focal point; tied with your evals. This is the only way to show that you meet both the sides of the IDES equation: medical disability + functional loss = referral to Disability Evaluation System. Without that initial referral, you never would have been eligible for a disability retirement. Hope this helps. Feel free to reach out if you have more questions.

I know the medical records show the disability side but I don’t remember what my evals were during that time but I requested my personnel records today. I know I didn’t pass sea duty screening and was put on limdu which is what started everything.

 

[chaplaincharlie]

Best of luck. You may want to have an attorney look over our a mage before you submit it to the BCMR. It may be money with a high return.