Correction Board and Federal Court Review of Disability Decisions 2023-01-04

[Provis]

Provis submitted a new resource:

Correction Board and Federal Court Review of Disability Decisions - Correction Board and Federal Court Review of Disability Decisions

Here is an outline I put together that identifies and discusses some of the procedural and substantive issues that arise in the review of military disability decisions by the correction boards and the U.S. Court of Federal Claims and U.S. district courts. It also includes a very brief overview of the DoD Disability Evaluation Process and some pointers about correction board applications that I’ve learned from personal experience representing pro bono clients or from the suggestions of other...

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[robins]

Thanks for putting this together. This is super informative for post service appeals process and understanding.

 

[vraiders]

Can military boards have the "propriety standard" used against such as when a military medical officer completes Separation and Health Physical and determines the service member is "NOT QUALIFIED FOR SEPARATION/RETIREMENT/RETIREMENT/TRANSFER TO FLEET RESERVE, ALL DUTIES OF HIS/HER RATE/RANK, AT SEA, ON FOREIGN SHORES OR IN THE FIELD"

but the military Administratively discharges the person on the next day....and that person has numerous medical conditions. And the same discharge military officer writes a letter saying that a serious err occurred and the person should have been disability retired....Note the Admin discharge was not misconduct, the person received honorable discharge. This happen in 1991 and the individual discovered the issue in 2019 when they applied to VA for disability. And during the VA application they discovered the this navy medical officer medical order. Then in 2019 they contacted this officer after near 30 years to ask him what it all meant. And that is when the now retired navy commander/MD/ USN-retired wrote the letter. But ultimately the BCNR just ignored most everything.

 

[robins]

You need to talk to lawyer. The statute of limitations for federal court of claims which is where they can force the military to do that right thing is 6 years. I don't know the specific wording as I'm not a lawyer but the 6 year statute of limitations starts from when the service member knew there was an error. The court ALMOST ALWAYS considers that to be the date of separation. If you didn't have a med board and can prove that you didn't know there was an error until 2019, there's a SLIM possibility to argue that the 6-year statute of limitations shouldn't begin until post-bcmr. I would think that this is your only potential recourse at this point but you'd really need legal expertise to look at the facts and help decide.