Where can I find a lawyer who can assist someone who is medically retired for PTSD and TBI with transferring their GI Bill?

2022-12-21T01:55:46-05:00

After following the rabbit hole on this it was suggested that since I was retired medically due to PTSD Traumatic Brain Injury that I file DD Form 149 request with the ABCMR to have my Gi-bill transfered to my wife....from reading on the web I see that some people have actually had success with this....is there anyone here that has had such success or does anyone know a lawyer that could help me through this process?

Response by SSgt Christophe Murphy made Dec 21 at 2022 2:01 AM

2022-12-21T02:01:09-05:00

Yes it’s possible.

Have you already contacted the VA about it?

https://www.va.gov/education/transfer-post-9-11-gi-bill-benefits/

Transfer your Post-9/11 GI Bill benefits | Veterans Affairs

Find out if you can transfer any of your unused Post-9/11 GI Bill benefits to your spouse or dependent children. Note: The Department of Defense (DoD) decides whether you can transfer GI Bill benefits to your family.

Response by SFC Private RallyPoint Member made Dec 21 at 2022 7:05 AM

2022-12-21T07:05:19-05:00

No, this is not something that you can do. A discharge review board is only authorized to change the type of discharge, it can't grant you any benefits. By law, TEB Transfer Eligibility GI Bill, is a retention incentive. In order to qualify for it on AD you must meet three requirements: have six years on AD, have a dependent in DEERS, and have obligated yourself to an additional four years. If you didn't meet these three conditions (six years AD and am ETS past 10 years), you were never eligible to even request TEB.

The ABCMR is not able to go back in time and submit your TEB request on your behalf. They are authorized to correct records, they are not capable of authorizing incentives. Their corrections are generally limited to whatever the circumstances were on the date of discharge, or the date of the record being corrected. That means that if you had transferred your GI Bill and lost that because of a negative separation, the ABCMR could change the nature of the separation and you would qualify to keep the benefits. This is the "Liberal Consideration" you are referring to. You received a medical retirement, you have an honorable discharge, there is no further upgrade available.

If you look around the internet long enough, you'll find the answer you want to hear, but that doesn't mean it's the correct answer. Especially when it's a niche question in a specialty area. You'll find plenty of people who say it can be done, don't take no for a an answer, or they know a guy who did it before. But the fact is that the ABCMR isn't capable of submitting a request back in time for you if you didn't submit it before you retired. The VA doesn't handle who gets the GI Bill, they just handle dispursing it. Back when TEB was first introduced it was Career Counselors who reviewed and approved the requests before HRC took over. I was the person clicking approve on the TEB website. We were and are the subject matter experts on it, so save yourself some money from a lawyer, it's not possible.

Response by MSG Private RallyPoint Member made Dec 21 at 2022 7:08 AM

2022-12-21T07:08:29-05:00

According to the FAQ section in MilConnect, once separated from the Service, transfer is not possible.

https://milconnect.dmdc.osd.mil/milconnect/public/faq/Education_Benefits-About_Your_Education_Benefits/ForeverGIBillColmery

milConnect: Benefits and Records for DoD Affiliates

Response by SGM Bill Frazer made Dec 21 at 2022 6:01 PM

2022-12-21T18:01:24-05:00

1st get an advocate- save $$. A VSO from DAV, American Legion, etc.

Response by SPC Barry Black made Feb 15 at 2023 3:50 PM

2023-02-15T15:50:19-05:00

I went through the same process and was referred to Chisholm, Chisholm & Kilpatrick [login to see] they are great. Cleared al the bureaucratic walls away Sp4-E4 Barry Black and got my disability approved