Question regarding discharge update to medical retirement

vet

PEB Forum Regular Member
Registered Member
I was unjustly evaluated in 1993 and giving only 10% disability, as they overlooked at medical issues which recently have finally being adjudicatdd as service connected.
Back then, I signed because they provided no choice, even no psych eval, nothing. Can I send this new evidence to claim my retirement . I always had medical issues but were overlooked. Thank you!
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
I have moved this post to its own thread in the correct forum it should be in. 1993 to 2019 may prove to be a challenge as there is a statute of limitations. Often this is waived in the interest of justice. It is important to note that the stature begins when the injustice is first noticed.

Any and all evidence that you send to the PDBR or BCMR is useful in helping them make a decision.

PDBR is for those who were medically separated between 9/11/2001 and 12/31/2009. PDBR Application Process

Use for DD Form 149 to submit a request to the BCMR. https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf
 

vet

PEB Forum Regular Member
Registered Member
I have fought this for over 20 years. They overlooked at my left arm and cervical. always had medical evidence in hand. I now received an appeal from VA that I won, putting this evidence that was always there as service connected.
I hva edone all this on my own since no one ever helped me but it took me many years to recover from emotional issues.
 

vet

PEB Forum Regular Member
Registered Member
I sedn this to court last year. it was denied due to statues. But now have new medical service connected evidence which only shows I was always right. I was sent to korea against Drs. orders back in 1992 when all started.
 

vet

PEB Forum Regular Member
Registered Member
It was denied 3 times at Washington Board but just now was I abled to get the service connected recognition of this, which was always there but ignored on purpose. I was mistreated in this whole issue. Stood up to a colonel in my hospital where I worked and he promised he would take care of me, it was her words.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
VA Service connection is not equal to an unfitting injury that may result in a medical severance or retirement. I'd recommend you give these guys a call. Veterans Legal Institute They have helped out many service members that I have referred.
 

vet

PEB Forum Regular Member
Registered Member
My VA service connection was a result of military medical evidence submitted to VA. Thanks for your help. This evidence have always being there even in 1993 for the PEB.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
My VA service connection was a result of military medical evidence submitted to VA. Thanks for your help. This evidence have always being there even in 1993 for the PEB.
Your VA service connection 20 years later cannot demonstrate your medical fitness at the time of separation. It only demonstrates that you have medical issues occurred during or were aggravated during entitlement to active duty pay.

Like I mentioned before, it is not equal to to an unfitting injury. First, due to the time that has elapsed since your release from active duty you are going to have to petition to have the statute of limitation waived in the interest of justice. Based upon what you have posted, this will be a challenge and you may need competent legal support to do this.

I totally understand that you believe that you have sufficient evidence. You will need to get the courts to hear this evidence.
 
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