Upgrading Medical Separation to Military Retirement

Pirulin

New Member
Registered Member
Hoping someone can steer me in the right direction here. I received a medical discharge w/ severance payment in May 2013 for a lower spine injury. The injury was initially rated at 20% therefore making me ineligible for military retirement. The VA recently increased the rating to 40%. Is it now possible for me to request military retirement and if so how would I go about doing that? Thanks.
 
Was the 20% rating increased to 40% immediately? You would need to file with the board of corrections for the branch of service your were in.

It is possible to have the discharge upgraded, the board will determine whether or not the condition should have been rated greater than 30% at the time of discharge.
 
If a condition worsens after separation, DoD is not required to change the character of the separation. If you have evidence that the discharge was at the wrong percentage you could appeal the decision. In any case, you will not know the official answer until you ask the BCMR to review your discharge. It is a multi-year long process.
 
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