How many people are getting approved for retiree status? I filed a few months ago. I got discharged in 2009 with %20 for my injuries to my back and neck, they never took into consideration my PTSD or TBI but I was being treated for it, what do you guys think are the chances for me to get it bumped up the other 10%, I am rated 230% total for the va but im not P &T
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- Thread starter Hursey
- Start date
Can you be placed on retirement retroactively following discharge?
There is a Board of Corrections of Military Records for each service. You can apply to that board for a correction of your discharge if you present evidence that the discharge was done incorrectly, i.e. the MEB or PEB didn't properly consider all of your conditions or they came to a rating conclusion that is contrary to the VASRD. The biggest problem is a BCMR has to consider administrative regularity, so you can't just say you disagree, you have to say they failed to follow some rule with evidence of what rule was violated, or came to a conclusion that is clearly mistaken. Only the PDBR will give you an entirely new perspective on the disability discharge, and only those medically discharged during specific time frames are eligible.
Hurley,
If the VA rated your unfitting conditions at 20% and 50%, effective the date of separation, you stand a good chance of being retired. Confirming the PEB found both the back and neck unfitting? For conditions not considered by the PEB, you have to take those issues separately to the BCMR.
Mike
If the VA rated your unfitting conditions at 20% and 50%, effective the date of separation, you stand a good chance of being retired. Confirming the PEB found both the back and neck unfitting? For conditions not considered by the PEB, you have to take those issues separately to the BCMR.
Mike
My claim is less then one month after I got separated, they told me when I was getting out that my back and neck are enough to get me through the PEB and the VA will take care of the rest, Am I still able to apply for the BCMR since I got out in Sept 2009