If I should request a upgrade from Honorable to Medical?

PV2 Timothy Maciel — Sun, 09 Aug 2020 13:21:47 -0400

I was discharged by a chapter 5-13 at the end of March 2020. I received a VA Disability rating from 60%-100%. I have physical and mental injuries. My question is if i should pursue a Discharge Upgrade from Honorable to Medical Discharge or Medical Retirement?

Response by SFC Private RallyPoint Member made Aug 9 at 2020 3:44 PM

SFC Private RallyPoint Member — Sun, 09 Aug 2020 15:44:55 -0400

You cannot be medically retired after you have been separated. You will never be authorized a medical retirement since you were separated for Personality Disorder as a new Soldier. If you had gone through a Med Board they would have medically separated you with 0% because your condition would have been considered acquired prior to service and not service connected. Basically, you were messed up before the Army, the Army didn't break you and so they won't pay for you.

Response by SSG Robert Perrotto made Aug 10 at 2020 2:43 AM

SSG Robert Perrotto — Mon, 10 Aug 2020 02:43:10 -0400

Medical Retirement is not based upon your VA rating. It is based upon what percentage of your disabilities disqualify you from military service, and were the disqualifying disabilities accrued while serving. It is likely that you would have a disqualifying disability rating under 30% (the thresh hold percentage for medical retirement), and a VA rating of 60-100%. All this is just for informational purposes, as you have already separated, and will not be able to "upgrade" your discharge, as Your discharge just characterizes your service. In other words, you already have the highest discharge characterization possible.

The second thing I question is your claim "I have received a rating of 60-100%". No, you have not, When you receive your VA disability award letter, it states a specific percentage, because that percentage is how much disability compensation you will receive, and would state if the disability is service connected.

Response by CSM Darieus ZaGara made Aug 10 at 2020 5:55 AM

CSM Darieus ZaGara — Mon, 10 Aug 2020 05:55:51 -0400

If you are out, a change to your status is not likely. It is not an upgraded it is a completely different situation. To medically retire you would have had to have medical assessments prior to ETS, a VA medical physical/assessment is not the same thing, they are separate from one another. You do not receive a range from the VA, you are either 60 or 100, which is it. You should now be focused on all available resources from your active time and the VA. You first need to get your rating letter so that you can speak to officials appropriately about what that all means.

Response by SSG Elizabeth Koss made Aug 10 at 2020 12:11 PM

SSG Elizabeth Koss — Mon, 10 Aug 2020 12:11:21 -0400

So...honorable is the characterization of service and is the highest you can receive. Unless you had separated through a medical board, you cannot receive a medical retirement. You would have had to complete that while you were still in. Unfortunately, that cannot be changed.

Response by MAJ John Lavin made Aug 10 at 2020 5:57 PM

MAJ John Lavin — Mon, 10 Aug 2020 17:57:46 -0400

Was the doctor who signed the medical records from AD either a PHYSICIAN, NOT A PHYSICIANS ASSISTANT OR NURSE PRACTITIONER OR ANYTHING ELSE, trained in Psychiatry or a Lisensed Clinical Psychologists? There are real issues with 5-13 discharges. You cannot be discharged if anyone other than a Physician who has specific training or is lisensed in clinical psychology SAW YOU, CONSULTED YOU, AND SIGNED ALL THE LEGAL RECORDS. You cannot be discharged if some Internist or GP or any other other doctor or medical professional was involved. You cannot be discharged if some GP did the work and saw you and some Psycharist or Lisensed Clinical Psychologist just signed off on the reports. You HAD TO HAVE BEEN SEEN by the Psycharist or the LC Psychologist and that single individual signed all the paperwork. So find out if the Army didn’t pull the old bait and switch on you like they have done to thousands of other 5-13 Soldiers. If the VA gave you a disability you have a real chance to shove it down the throats of the assholes who skirted the refs like they have been doing and using 5-13 as a weapon against Soldiers with real problems. Get a lawyer and go for it. You have nothing to lose.