fighting for my medical retirement

robertd

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Registered Member
I am writing you to see if you could give me some direction as to whom to contact about a military medical retirement. I was a member of the 177th FW from 1990 until my honorable discharge in 2007. In 2004, I had a severe spinal injury while performing my duties as a federal technician doing aircraft maintenance. I had underwent to two spinal surgeries first in 2004, and the second in 2007 that required having hardware installed into my spine and Months of Physical therapy. My records went to a medical review board, which found me unfit for duty due to the severity of my injuries, and I was given an honorable discharge. While I was unable to walk or perform my military duties on Drill weekends I was not given any credit/excused credit for that time and that left me 1 year short of being able to collect a 15-year medical retirement. I feel this was unfair do to the extent of my injuries and feel that I should have been credit for that time. To at least get me to a medical retirement. I do not know whom I should contact regarding this matter and would like to fight for something I feel I should receive. I was able to receive my Federal disability retirement from my Federal position at the 177th FW, but still think I should receive my military portion as well.

Could you direct me to who I need to contact this regarding this matter?

Sincerely yours

Robert Debarth (MSGT)
 

chaplaincharlie

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You would have to file with the BCMR. I think since your injury occurred while performing your civilian duties, showing service connection may be problematic. You may want to consult with an attorney for an hour before you actually file. Best wishes.
 

oddpedestrian

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BCMR is very brutal on these types of changes without a clear error in judgment and adjudication on part of the service branch. You were injured and the board determined you unfit and recommended discharge it's not their duty to grant time that has not been completed or extend the process so you reach retirement age. Lots of pro bono help on these types of discharges many universities legal departments provide it for free start there.
 
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