Retroactive Medical Retirement for Army Reservists?

[vetno2]

Anyone have experience regarding reservists who might qualify for retroactive medical retirement based upon errors?

For example:

- Army made a lot of medical errors while on active duty orders for about a year.
- For example, went to base clinic with serious problems, but they did not correctly diagnose them.
- Next, there was no separation exam, just go home.
- Then honorable discharge from the reserves.
- Then diagnosed at the hospital, with conditions instantly ineligible to ever serve again.
- VA says yeah started in service on active duty (same as no separation exam), and total at 100% P&T.

Tried reading regulations, and guess it says yeah Army reservists rate separation exams coming off long orders.
No separation exam set up a chain of events, so no referral for retirement board was possible.

 

[CrustyGrunt]

Not gonna happen.

 

[Provis]

Anyone have experience regarding reservists who might qualify for retroactive medical retirement based upon errors?

For example:

- Army made a lot of medical errors while on active duty orders for about a year.
- For example, went to base clinic with serious problems, but they did not correctly diagnose them.
- Next, there was no separation exam, just go home.
- Then honorable discharge from the reserves.
- Then diagnosed at the hospital, with conditions instantly ineligible to ever serve again.
- VA says yeah started in service on active duty (same as no separation exam), and total at 100% P&T.

Tried reading regulations, and guess it says yeah Army reservists rate separation exams coming off long orders.
No separation exam set up a chain of events, so no referral for retirement board was possible.

Errors and omissions alone won't cut it. Need to be clear and unmistakable. Based on the information you provided I would say no. Also, any medical pension would be offset by VA compensation so if you were medically retired retroactively the main benefit would be getting tricare instead of using CHAMPVA.