Posted on Mar 22, 2016
Can someone that was discharged from the service, but found to be disabled by VA, request a Med board be completed for retirement purposes?
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Posted in these groups: 
Disability
Disability
Posted >1 y ago
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Yes, thru the Army Board for Correction of Military Records if you are able to show that the disability made you unfit for duty prior to your separation, was not caused by misconduct, you weren't (or shouldn't have been) under UCMJ procedures,....
It is a exacting process and can often take a year. All though they are supposed to request your Service treatment records, your VA rating records, VA treatment records, and ask you to gather or sign a release for any non-service/non-VA records your best bet is to provide these. Providing them makes the processing god easier and often faster with better results. All to often denials are because the evidence of record was either not in the ABCMR file or unavailable when they did their request.
See http://arba.army.pentagon.mil/abcmr-overview.cfm
It is a exacting process and can often take a year. All though they are supposed to request your Service treatment records, your VA rating records, VA treatment records, and ask you to gather or sign a release for any non-service/non-VA records your best bet is to provide these. Providing them makes the processing god easier and often faster with better results. All to often denials are because the evidence of record was either not in the ABCMR file or unavailable when they did their request.
See http://arba.army.pentagon.mil/abcmr-overview.cfm
Army Review Boards Agency (ARBA)
The Army Review Boards Agency serves as the highest administrative level for review of personnel actions taken by lower levels of the Army and administers a number of boards including those listed below.
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SFC Patricia JANE Babcock
Addition: There is a special procedure and team for reviewing the messed up PTSD or just simply lazy Command discharges where the service member should have been Boarded but leadership bum rushed them out the door because they didn't like them or were busy covering their you no what.
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SFC Patricia JANE Babcock
Keep in mind folks Medical Retirement pay is taxable, VA compensation is not, but if/when a Retiree is rated under 50% they can not receive both at the full rate. Example: Retired pay $1000, now VA rated 10% ($139), best option likely is VA comp and $861 Retirement pay, but remember SBP deduction will be based on full retirement pay level. Now Veteran is 50% or greater then can then receive both full retirement pay and full VA comp. If the disabilities combat related or caused by an instrument of war then there is also Combat Related Special Compensation.
Get a VSO to help you - http://www.va.gov/ogc/apps/accreditation/index.asp
Get a VSO to help you - http://www.va.gov/ogc/apps/accreditation/index.asp
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SFC Patricia JANE Babcock
Keep in mind that amount of duty time can mean the difference between severance for disqualifying but moderate injuries and Medical Retriement. Usually the cut off is 8 years. But when the injury/illness is severe it does not matter. Severance is a lumpsum that will means your VA compensation is with held until the compensation is in balance with what you received in severance. But once the rating is in place the clock starts so the longer you wait for the VA rating the longer the before VA starts the pay back clock. Also establishing a VA rating may qualify you and possibly your family for state benefits. Talk to your state Dept. of Veterans Affairs where you live and your home of record while you were in service.
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I would like to thank everyone who has contributed to this discussion so far. I have always been a soldiers NCO and have always put my soldiers first during my time in uniform (27 years). I know the soldier (vet) that I am getting this information for will appreciate your input. I have cut and pasted your information into a word document so I could email the information to him. I deleted your pictures but left your names as to give you the credit you so richly deserve. I would never take credit for work I did not do. Once again I thank you and I still welcome any more comments and ideas from others if you have them. It is always better to have more information then not enough.
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As SFC Babcock said, however you will also need to have a really good reason why you did not MEB while still Active. ALSO, the reason for an Army side medical retirement must because you have Service Disqualifying medical conditions. Its a different set of standards than when you get in the Service, but still strict. Also your MOS requirements are looked at. For example: the VA said you have tinnitus so they will give 10%, and for fun they said you need a CPAP machine so thats 50% VA. With VA math thats about 50ish % disability. However, none of those reasons are Service disqualifiers nor would they warrant an MEB.
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TSgt William Meyer
you are not deployable if you use a CPAP machine so why wouldn't you be eligible for a MEB ?
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SSG (Join to see)
You are deployable with a CPAP machine. You are not deployable with a bipap machine (usually) . There is a large difference. The Army doesnt rate sleep apnea as a service disqualifier.
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