Does anyone have guidance on this? I submitted a BCNR (Marines). I was rated low initially but after one year hit 30% and it’s gone up from there. The wild card is that I was DQ’d after being recalled for the surge in 2007, approximately one year to the day I was Honorably discharged. I know this is a lengthy process, but I’d like to see what folks say about chances with this. Thanks!
Retroactive medical retirement from Honorable
- Thread starter luch417
- Start date
I don't have the expertise to provide guidance regarding the BCNR; however, clarification will be needed by others.
You mentioned, "I was rated low initially but after one year hit 30% and it’s gone up from there." Are you speaking about the VA?
Regards,
Ron
Yes, VA 30%.
What is your other evidence? The VA ratings weren't used in LDES so your branch can give you a different rating than the VA and it would still be legitimate. Did you appeal during during the process of LDES while going through the MEB? If you accepted the findings I don't see a way to win. Remember. that a BCNR is to correct an injustice and so the burden is on you to prove that. Also, you would have to argue that your condition was 30% at discharge and that is the only period of time they will look at. Your conditions can get better or worse after that time and would not matter to the BCNR.
The question is what evidence do you have that on the last day (or earlier) of AD that your condition should have been rated higher? If a condition gets worse after AD you are out of luck.
I was never considered for MEB, which is part of the problem. The other piece is that I was recalled to active duty one year after separation and found unfit for duty because of service connected conditions. That’s the key basis for my argument; if I wasn’t qualified then why was this overlooked? Thank you for your input.
I was never considered for MEB, which is part of the problem. The other piece is that I was recalled to active duty one year after separation and found unfit for duty because of service connected conditions. That’s the key basis for my argument; if I wasn’t qualified then why was this overlooked? Thank you for your input.
To prevail you must have evidence from your time while on AD that your condition warranted a rating of 30% or more.
Thank you. I have evidence of tbi and ptsd while on AD. Is there any downside to submitting a BCNR?
The only downside is the time and effort of applying. As you pointed out earlier, the process takes 2+ years. If the BCMR recommends approval, it is then sent to the service to approve and implement (another wait).