“More Than 3,300 Navy and Marine Corps Veterans Denied Medical Retirement Benefits will be Provided New Review of Ratings for Contributing Conditions […] The ruling stems from the class action lawsuit, Springs v. Del Toro, which challenged the Navy’s unlawful practice that denied military...
UPDATE:
"Sgt. Oscar Torres (Ret.)—a U.S. Marine Corps veteran and the lead plaintiff in the nationwide class action Torres v. Del Toro—has won a ruling of medical retirement that had been unjustly denied to him by the U.S. Navy as a result of its unlawful “Properly Referred” policy for over six...
UPDATE:
"The Navy also is providing free legal counsel to eligible veterans through its Disability Evaluation System Counsel Program, which can be reached by calling (202) 875-1198 or emailing DESCP_TorresUnit@us.navy.mil. According to the letter, veterans can choose to do nothing, inform the...
UPDATE:
“In accordance with the District Court’s ruling, the Department of the Navy has established the Torres Class Action Review Board (CARB) as a remedial PEB process for those impacted. To that end, the CARB is reissuing PEB findings for those identified as class members over the next 12-18...
To any other retirees who find themselves in a similar situation, this 1996 case may give you hope: Chief Hospital Corpsman, William R. Brown, USN.
"A Navy member was separated due to physical disability and was paid severance pay. The Board for Correction of Naval Records later corrected his...
This helps, thank you. I think I can make a case for "deliberate malice or negligence" against SECNAVCORB's PFR response. In the PFR response, SECNAVCORB used a short excerpt from an irrelevant mental health note as a "red herring" to distract from the mountain of objective musculoskeletal...
Thanks, Ron. Here are my responses to each thought:
1. The waiver/reduction did take back all of the retro back pay, wxo $1k. DFAS applied that $1k to my outstanding $100k balance.
2. I intend to pursue the waiver application opportunity with counsel, starting with the following logic as a...
Thank you, I do think it is a bit more complicated. Here are my answers to your questions:
—VA compensation (100% P&T) was paid for the same period.
—Since I’m 100% P&T, the recoup requirement was waived at the time.
— Since my VA comp is higher than my retired pay, retired pay is waived.
I was medically separated (with severance) from active duty in 2018. The BCNR recently ruled that PEB’s initial decision to medically separate me was unjust, then directed NPC & DFAS to place me on the PDRL.
Last month, DFAS informed me that I’m now required to payback the severance amount...
The military.com story just dropped:
https://www.military.com/daily-news/2022/10/05/judge-orders-navy-review-medical-discharges-of-least-3700-sailors-and-marines.html/amp
Learned from a credible source yesterday that the Department of the Navy (DON) lost a class action lawsuit in late September 2022.
Supposedly, DON will be required to re-evaluate the findings of at least 3,700 PEB cases from the mid-late 2010s due to error/injustice.
That is all the...