Are there anyone familiar with receiving a retro on a disability rating because a percentage was not assigned when they ETS

BryantArmy13nov

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I was diagnosed with Narcolepsy while on active duty. I fought not to get a medical discharge at the time, because I thought it would look bad on my record when I tried to get employment. I have talked to an attorney who stated that they should have never released me without giving me a rating. She believes that she can get me a rating and retro it back to when i first left the military. Is anyone familiar with a similar case where a veteran received a retro?
 

oddpedestrian

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Possibly, depends on your medical records and any performance reports and how severe its documented just a diagnosis alone may not be enough. Are you rated from the VA? did you have a permanent profile? Did you just separate honorably?
 

BryantArmy13nov

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I have a zero percent service connected disability for narcolepsy. This was awarded to me about 8 years after leaving service. I did have a permanent profile with no 24 hour duty and a grace period for showing up to formations. I do have an honorable discharge.
 

gsfowler

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I have a zero percent service connected disability for narcolepsy. This was awarded to me about 8 years after leaving service. I did have a permanent profile with no 24 hour duty and a grace period for showing up to formations. I do have an honorable discharge.
Yes, many discharges are upgraded to one that is medical (severance or retirement).

However, based upon what you have written, you may be looking at a pretty significant challenge. The DoD will rate you based upon what they believe (what you demonstrate) is your level of disability at the time of discharge.

If you had filed for VA C&P benefits immediately upon your ETS, then I think you would have more of a case.

You were awarded 0 percent, eight years later which may prove difficult to assess what level of disability, if any, you had at the time of discharge. I'd imagine that the going rate for a BCMR filing is about $5500, is that how much the attorney is asking for?
 

oddpedestrian

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I would have to agree with fowler you would have to have someone review JUST your service records (not VA records) to see what type of rating would be possible if you were afforded a MEB. The permanent profile is your strongest evidence but your medical records would have to support an unfit finding and be severe enough to rate above 30% for it to mean much.
 

chaplaincharlie

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I would get all record relevant to your narcolepsy diagnosis. Then compare what the the records say with the CFR. If the records from your AD time reflect a level of severity >= 30% then you might consider filing with the BCMRs and ask for your seperation to be recharacterized as medical retirement. But with a 0% severance you would have to demonstrate the 0% was in error based on your narcolepsy severity while on AD.
 
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