Can a Medical Discharge be upgraded or changed to Medical Retirement?

SGT Darrel Bennett — Wed, 30 Oct 2019 20:09:41 -0400

I was Medical Discharged in September of 2013 after 11 1/2 years. I have recently been rated at 100% with (Individual Unemployability (IU) is a part of VA's disability compensation program that allows the VA to pay certain veterans disability compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.)

At what point should i put in a request for My DD214 to be changed to Medical Retirement? How do i go about it? Is it even possible or do I just not worry about it?

Response by SGM Bill Frazer made Oct 30 at 2019 8:58 PM

SGM Bill Frazer — Wed, 30 Oct 2019 20:58:56 -0400

I really don't think you can, since you had a medical discharge and not a medical retirement discharge- you are way to short for that. VA ratings do not have to equal service ratings. Plus, if the VA says your disability is 100% , then it is not taxable as income. Retirement is and can be.

Response by LTC Jason Mackay made Oct 31 at 2019 12:05 AM

LTC Jason Mackay — Thu, 31 Oct 2019 00:05:35 -0400

SGT Darrel Bennett I do not think they will change it, but the entity that does that is the Army Discharge Review Board. https://arba.army.pentagon.mil/adrb-overview.html

You need to move fast because they have a 15 year statute of limitations.

There is also the higher level, the Army Review Board for the Correction of Military Records. https://arba.army.pentagon.mil/abcmr-overview.html

I do not think it is unheard of that the VA increases a disability rating as a condition that is service connected, gets worse over time. The Army has historically been tight on medical retirement and then it is a battle for the percentage of base pay.

All said and done, I think it boils down to your particular issues, the service connected events, and the almighty documentation. Recommend you link up with a VSO or even in this rare instance, mark your calendar , I'm recommending you retain an Attorney that specializes in military retirement and medical disability.

adrb-overview.html

Response by SrA John Monette made Oct 31 at 2019 10:59 AM

SrA John Monette — Thu, 31 Oct 2019 10:59:13 -0400

which will get you more money? Med retirement will certainly get you more perks, but will it pay better than 100% IU? i'm not all about money, but i think that would be a major factor in this.

Response by MAJ Ken Landgren made Oct 31 at 2019 1:58 PM

MAJ Ken Landgren — Thu, 31 Oct 2019 13:58:30 -0400

From what I understand, those who are medically retired and who have less than 20 years are given the choice of a lump sum military separation pay or VA pay. You will not get medical retirement anymore.