Seeking Chapter 61 Retirement w/ VA Rating of 70%+IU? in Appeals (ABCMR/Admin Appeals) Forum

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Seeking Chapter 61 Retirement w/ VA Rating of 70%+IU?

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oifvet	Seeking Chapter 61 Retirement w/ VA Rating of 70%+IU?		Lead	[-]
Posts: 4 Feb 17 12 6:28 AM	Greetings Fellow Vets, A big thank you to anyone who takes time to read this. I am currently VA rated at 70%+IU for PTSD and receive SSDI. I was very lucky as I was rated 50% before I even received my honorable discharge back in 2006. Shortly after my discharge I was hospitalized at the VA and quickly turned into 70%+IU. I did not receive an MEB or PEB before I left the Army. Quite honestly, I was an officer and was told "suck it up" or "get out and go to the VA." I didn't even know that I should have/was eligible for an MEB/PEB (no WTU's or follow-up screening in 2005.) I out-processed through Bragg and was sent home to my Reserve unit where I avoided regular drill for a year and submitted my resignation (I had 5 years AD and 5 years as a Reservist.) I realize I am in a very good situation compared to many veterans. However, I think I should be medically retired. I have spoken to an attorney and he indicated that I could appeal before the ABCMR. Why would I do this? Because from what I understand a Chapter 61 retirement is permanent where my current VA Rating is always up for potential review. I can't lose Chapter 61 if I try to work or "over" volunteer--I am only in my mid-30s so I hope in a few years I will be able to do more stuff with my life--and spend less time in counseling and managing medications. I have already been reviewed once for SSDI (in 2010/11) and was regranted my disability without any issues. From what I understand if I receive a Chapter 61 retirement I will be eligible for CRSC. Should I pursue a medical retirement through the ABCMR?
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maparker		#1	[url]	[-]
Posts: 2144 Feb 17 12 7:45 AM	The BCMRs operate on the presumption the government did not error. You have to demonstrate they did. In your application you need to clearly make the case that at the time of your separation you were unfit for continued servcie for a condition rated 30% or more. The rating is the easy part if your VA rating is effective from the date of separation. Demonstrating you were unfit is more difficult as it is much more subjective. See the fitness standards in DoDI 1332.38. The BCMRs have not been very useful in these type of claims but it does not hurt to try. I don't understand the attorney's concern. If given a chapter 61 retirement it will not have any impact on your VA. You will always get what the VA has you currently rated for. The chapter 61 retirement pay would be offset by the VA but there are other benefits such as TRICARE and CRSC in play. Your Chap 61 retirement could be higher than your VA. You only have six years from discharge to file in fedral court. You might want to talk to an attorney about filing a place holder claim before the six years is up. This would allow you to pusue the issue in court should the BCMR not give you the results you desire. Mike
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oifvet		#2	[url]	[-]
Posts: 4 Feb 17 12 8:18 AM	Mike, Thank you for your quick response. My rating (70%+IU) is good from the day after I came off active duty orders. OK...so I need to prove that I was unfit for duty when I was discharged. If the ABCMR takes VA documentation seriously then I should not have too much of a problem proving that I am unfit. Do I have to prove that the government failed to provide a PEB/MEB? I did my VA claim pretty much on my own (heck, I couldn't sleep anyway) but I think I need an attorney for this. It sounds like you would agree since it may require an intervention from a federal court. Any other advice?
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Pendraig71		#3	[url]	[-]
Posts: 14 Mar 28 12 1:45 AM	Christ the Op sounds like me almost verbatim... save I was enlisted.... I was 60% when first rated, now after proving the Moderate TBI (and the PH arrived six years later) and such I am at 100% P&T + SMC Housebound. I filed with the ABCMR and am waiting to hear the decision.
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rustysilverwings	Consider trying to get Service Award of Unemployability, as well as VA IU	#4	[url]	[-]
Posts: 77 Apr 9 12 8:27 PM	Just received approval of my appeal for upgrade of medical retirement from USAF from 60% injuries to 100% injuries/unemployability. Medical consultant initial recommended against, I added more proofs re: separation physical at which the physician stated I was 90% disabled, and the failure of the MEB to conduct a requested psych exam for chronic pain syndrome - then he gave me the benefit of the doubt so now my retirement pay is increased from 60% to the maximum 75%...backdated to 1996. I made a hard case that I'd presented a "snapshot in time" at my release from AD of being completely unemployable, have been unemployable since retirement, take meds making employment unrealistic, was turned down by VA for Chapter 20 rehab because I was too disabled, and pointed out to the Board the law gives them authority to make such an award even though it is rarely done. Apparently, only 8 or so in the last decade - I cited the absence of awards as proof that the AF fails to interpret regs and law correctly. The AF doesn't even have any training or literature for the PEB or AFBCMR mentioning "unemployability." Can't believe the wonderful news! Nice to have on top of VA 100% and Social Security.
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oifvet		#5	[url]	[-]
Posts: 4 Apr 15 12 6:05 PM	Edited 1 time by oifvet Apr 15 12 6:09 PM.
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oifvet	ABCMR current wait time	#6	[url]	[-]
Posts: 4 Apr 15 12 6:08 PM	Pendraig71 wrote: Christ the Op sounds like me almost verbatim... save I was enlisted.... I was 60% when first rated, now after proving the Moderate TBI (and the PH arrived six years later) and such I am at 100% P&T + SMC Housebound. I filed with the ABCMR and am waiting to hear the decision. Pendraig71--I talked to my attorney last week. He said 9months to 1 year for the ABCMR to respond. Not sure how long you have been waiting...
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rustysilverwings	Time for Appeal re: Upgrade Military Medical Retirement to 100% Injuries/Disability	#7	[url]	[-]
Posts: 77 Apr 17 12 6:33 AM	My initial appeal to the Board was in 1999 and denied. A subsequent appeal was based on new materials in 2006 and was also denied. Another appeal was prepared by me and forwarded to the Paralyzed Veterans of America as my VSO but they lost it inside their building. I made no copy and had to recreate from scratch after waiting a year to ask them about progress and learning about the loss. That second submission by me was inside a box taken home and discarded by a PVA employee as he left the organization. So in 2010 I prepared another copy (kept a copy this time) and PVA submitted it without any input from them. The decision by the AFBCMR was made 4 April 2012 and backdated to my PDRL date of 1996 and numbered the same as my 1999 appeal which they considered the basis of my argument. I was surprised at the refusal of veterans organization to represent me at the AFBCMR. The PVA provided NOTHING except years of delay and obstruction - no skill, no strategy, no guidance. They mailed it to the Board and I'd have been two years better off doing that myself. I sought representation by the DAV and VFW but was told they had no such assistance at the Board level. As most of you have seen by now, the Air Force no longer posts detailed findings so they cannot be used for research as to successful/unsuccessful strategies.
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Pendraig71		#8	[url]	[-]
Posts: 14 May 4 12 3:36 PM	I am at month 7 [url=http://www.myarmedforces.com] [img]http://signatures.myarmedforces.com/images/8/19588/military_signature.png[/img] [/url] "The soldier knows little of philosophers but in him and in his deeds life expresses itself more profoundly than any book can" - Ernst Junger
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