What do you think my odds of winning my case would be. I had multiple mental health issues prior to deployment got seen by SRP mental health and issues where recognized was still deployed had PTSD Depression anxiety and sleep issues all related to post deployment and deployment. I got sent back early command referral from deployment for mental health. Started drinking a lot smoked weed and popped hot on UA. I was classified as having adjustment disorder and was going to be given chapter 5 for MH but I really shouldve been looked at for MEB due to PTSD screenings positive but I guess there's a regulation stating soldiers returning from combat deployment couldn't be discharged for mental health issues it had to be approved by surgeon general which wasn't going to happen. So I was told by my unit id have to wait it out. But when I read regulations I'm seeing if I would've been given meb my unit would've had to let me go through meb process regardless of my article 15 for UA due to regulations that are written regarding meb process and mental health. So I'm currently trying to change my chapter 14-12 to a med retirement for PTSD. I was also awarded 70% PTSD sc to date of discharge from VA that was in 2017. 2020 I got bumped up to 100% p&t for PTSD. I have all evidence in med records to prove all issues. Especially due to the fact that VA rated me 70% with effective date same as discharge. Within 6months of discharge. Also I believe that due to new regs stating army med boards have to follow VARSD ratings if army would've gave me meb process I would've been rated 70% for MH and been medically retired just for that. Can anyone help guide me through this or has anyone else been through this process. I also have reenlistment prior to deployment so that is why I have VA benefits. I was also awarded a Good conduct medal and Arcom prior to deployment as well as 3aam over my 4yrs. All prior to deployment I was a upstanding soldier and came back and everything just went downhill I was discharged within 3months of getting back
Bad discharge trying to upgrade
- Thread starter Combat Vet
- Start date
Have you heard anything back. I am in a similar boat but got pushed to IRR instead of discharge or separation.
A big misconception is that everyone that has a VA rating at discharge should have been med boarded this is incorrect remember that the MEB process is also a retention decision as well as a medical one. Nonetheless the few cases that do prevail tend to meet the same criteria you did which is sent home or just returned from deployment, seek mental heath treatment then something bad happens and service member is discharge usually within 90-120 days post deployment. Its a uphill fight either way and you really just have to assume whats to lose here outside of Tricare for you thats really not much given you have free VA care even if its combat your CRSC would be low based off your TIS. I still say go for it and if you got the dough get an attorney to help you if you really want to win.
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Records Correction / Discharge Upgrade
If you are in need of a military discharge upgrade, call Crisp and Associates Military Law today to speak with one of our attorneys.
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I found your story very interesting and in some ways similar to mine. Have you heard anything? Is there anyway I can speak to you in depth about this? I actually went through a MEB board, got my 50% percentage and everything and had a breakdown, a really bad manic episode, diagnosed with major depression, severe anxiety and PTSD/MST, all service connected. My commander dropped me from the rolls after 2 days. I didn't know what to do. I went back and was put out with an OTH which they did upgrade. I draw disability from the VA but never received my retirement pay. What is this VARSD? I'm new to this so excuse any stupid questions.
Hello,
Re: Dropped from Rolls after 2 days
Perhaps you were reported as AWOL? When a serviceman leaves the military without prior authorization, it is considered an Absence Without Leave (AWOL) or Unauthorized Absence (UA).
Using the Army as an example, a soldier who has been Absent Without Leave (AWOL) for more than 30 consecutive days Is reported as dropped from the rolls.
Was the 50% rating from the VA?
Ron
The ABCMR would most likely require you to apply to the Discharge Review Board first to upgrade the discharge if you have been out less than 15 years before addressing the disability retirement issue on the ABCMR level. If you have separated from the service for more than 15 years, then both the character of the discharge and disability retirement issues can be addressed on the ABCMR level. Liberal consideration has to be given to a discharge upgrade due to the traumatic stressor issues, but the hill to climb on the disability retirement is to show that you were unfit at the time of separation. As a start, I would reach out to the nearest Veterans Law Clinic at any law school near you or the Veterans Legal Institute in Tustin, California (Veterans Legal Institute). If you wish to consult with a private attorney, message me and I will provide you with the contact info for a colleague of mine who does superb work with military discharge upgrades.
I got the 50% rating from the medical board at Walter Reed. I actually went through the medical board
My case is very complicated. I was deceive by a recruiter
Well my Tis was 3yrs 8months. And from what I’ve read it says that peb now takes varsd ratings system so my 70%ptsd given to me would be eligible for CRSC which is now rated 100% so I would be given 100% of my computed pay. Am I wrong?A big misconception is that everyone that has a VA rating at discharge should have been med boarded this is incorrect remember that the MEB process is also a retention decision as well as a medical one. Nonetheless the few cases that do prevail tend to meet the same criteria you did which is sent home or just returned from deployment, seek mental heath treatment then something bad happens and service member is discharge usually within 90-120 days post deployment. Its a uphill fight either way and you really just have to assume whats to lose here outside of Tricare for you thats really not much given you have free VA care even if its combat your CRSC would be low based off your TIS. I still say go for it and if you got the dough get an attorney to help you if you really want to win.
Records Correction / Discharge Upgrade
If you are in need of a military discharge upgrade, call Crisp and Associates Military Law today to speak with one of our attorneys.
That is if it went through
Nvlsp denied my case which didn’t make sense I think it could be because I am receiving p&t possibly and I already have a honorable discharge only thing I am fighting for is the med retirement and CRSC. I already have all Va benefits. Just my gi bill is at 90% with retirement I’ll be able to get tricare for my family which is better then Champ Va. so it is worth fighting for in the long run
VARSD is the va rating system for disabilities
Cadid You get deployed so you have crsc
I have to agree with NVLSP your case doesn't sound strong at all remember Meb is a retention issue not a VA disability one the PEB has always gone by VASRD with rating determinations NOT rather you were unfit or not for a ch 61 retirement or separation.
Everyone is doing the same thing you are doing "I received a VA rating thus I should have been retired.." and these cases just keeping getting denied.
CRSC pays TIS or percentage whichever is LESS so you will get it for the three years which is probably 250 bucks or so. Not worth the fight at all for Tricare over ChampVA.
I’m not just saying I have a Va rating. There is other issues with my discharge. Ie I was separated for misconduct after combat deployment. It is in my medical records from a psychiatrist at ft bliss from after I got sent back early from deployment for MH issues. That I should have never been deployed due to me having issues with sleep alcohol consumption and depression prior to deployment that was pushed to the side by my command for field missions. So my claim for disability retirement is there. And when I have a dd214 that say’s misconduct when it can be changed to what I Should have gotten based off regulations and laws in place it doesn’t sit right. And tricare covers way more for your dependents/spouse than champva. When you have children that are 2 and 4 it is a bid deal having to pay for medical care that isn’t covered thru champ Va.
I also have multiple awards that were given prior to deployment showing remarks of my chain of command of great a soldier I was. Like I said an Arcom for PCS award. Didn’t PCS deployed came back and got chapter for 14-12c I had multiple SI attempts as well as admitted to psych ward while in service. So everything I’ve read and even in the board of reviews I have a pretty strong case. Yes might be hard fight but it’s worth it. Especially with all the new laws in place like I’ve said.
I went to Afghanistan and yes I am fighting it I have a dav representation. Who is pretty high up in the dav system and they’re pissed that I got discharged that way
I have not submitted paperwork yet I’ve been working on getting all the stuff in order. I want to submit for everything all at once I also have some awards not on my dd214 they where issued out for deployment that I went on and got out before the unit got back.