Medical Seperation vs Medical Retirement is it too late?

J

JeremySun

Member
Registered Member
Hello all I'm new to the forum,

I was seperated from active duty 19JUL2006 for PTSD and Major Depression and I believe my DOD rating was 10%. Since then I have lost my wife,job,and so forth due to my illness that I have now sought treatment for. I was told that I could apply to have my seperation changed to retirement. I was wondering if this is true and if so how do I begin this process. Since at the time of my seperation they had me on ALOT of medications to "make me feel happy" I do not remember alot of the information or have it any longer. My VA rating was just increased to 60% this year. And they are the onces that told me I should apply to have the PEB/MEB re-evaluate my case. Thank you in advance for any light you can give to me.
 
Check this guide out, it is a good place to start. I am sure Mike, or Jason will chime in as this is right up their alley.

Board of Military Corrections

http://arba.army.pentagon.mil/documents/ABCMR Applications Guide 2005.pdf

A Higher VA Disability Rating Does Not Mean the Army Discharge Disability Rating is Wrong.
Title 38, United States Code, Sections 1110 and 1131, permit the Department of Veterans Affairs (VA) to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a higher VA rating does not establish error or injustice in the Army rating.
(1) The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability. As a result, these two Government agencies, operating under different policies, may arrive at a different disability rating based on the same impairment. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.
(2) One common misconception is that all veterans can receive both a military retirement for physical unfitness and a VA disability pension. Not all retirees with disabilities are entitled to payment of both military retired pay and veteran's disability compensation. By law, most veterans are compensated only from one source for a disability. If a veteran is receiving a VA disability pension, and the ABCMR corrects the records to show that a veteran was retired for physical unfitness, the veteran may have to choose between the VA pension and the military retirement. Normally, the VA pension is more advantageous for lower graded Soldiers and military retirement is more advantageous for higher graded Soldiers. You should consult with a Veterans Affairs counselor or veterans services counselor to assess your individual entitlements.
 
You need to go to the PDBR. What was your original VA rating for the PTSD? What is your current VA rating for PTSD?

This often used statement below by the ABCMR is very disingenuous. The first four sentences and the last sentence are basically true. However, it does not follow that the VA and DoD ratings for the same impairment can be different. Both the VA and DoD are required to rate conditions per the VASRD. If the DoD and VA ratings for the same condition are different, one of the agencies is wrong. The ABCMR has been using this line forever and a day to dismiss claims and it often takes a court case to correct them (e.g. Rominger v. US).

(1) The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability. As a result, these two Government agencies, operating under different policies, may arrive at a different disability rating based on the same impairment. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.​
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I took the quote above from the ABCMR guide in Ranger's post above but it does seem to be quite a bit out of date (2005). If you read the section on CRSC it states 20 years or 7200 point are required which is no longer true. I am surprised such a guide is still on a Pentagon based website.

Mike
 
Thanks Mike, I am glad you popped in on this thread. I really wasn't sure which one to start at since he has been out for a while. I am glad you clarified that. I am sure he is in the right hands now.

Joe
 
My VA rating for the PTSD was 30% and for the depression was 10%. I read a website that said I can appeal the MEB if my seperation date was between two dates. Unfortunatly I can not locate that website now.
 
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