Posted on Dec 21, 2022
Where can I find a lawyer who can assist someone who is medically retired for PTSD and TBI with transferring their GI Bill?
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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?
GI Bill
Transfer
Command
Posted 3 y ago
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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.
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.
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SGT Michael Mehrhoff
Ok thank you this is the answer I was looking for because I myself was confused by this....got pointed down the wrong rabbit hole here I guess but thos clears things up a bit
Thanks for your time
Thanks for your time
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COL Randall Cudworth
SGT Michael Mehrhoff, was going to reply the emails we've been trading back and forth, but see that it was covered here. SFC (Join to see) is 100% correct on your situation.
IF the issue was that you had initiated the transfer while you were still in the service but were medically discharged prior to meeting the four year obligation, then that's something that could be addressed. However, since it was never initiated while you were eligible, you are ineligible to do so now, regardless of how you were separated.
IF the issue was that you had initiated the transfer while you were still in the service but were medically discharged prior to meeting the four year obligation, then that's something that could be addressed. However, since it was never initiated while you were eligible, you are ineligible to do so now, regardless of how you were separated.
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SFC (Join to see)
COL Randall Cudworth to add to that, if the Soldier is separated for MEB after being approved for TEB, the Army waives the SRR and honors the transfer.
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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
https://milconnect.dmdc.osd.mil/milconnect/public/faq/Education_Benefits-About_Your_Education_Benefits/ForeverGIBillColmery
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Yes it’s possible.
Have you already contacted the VA about it?
https://www.va.gov/education/transfer-post-9-11-gi-bill-benefits/
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.
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SGT Michael Mehrhoff
That's actually where this all started, after speaking to someone in the education branch of the army he said there was nothing he personally could do for me but after looking at my record and seeing that I was medically retired for TBI and PTSD he highly "Suggested" that I seek out help from the ABCMR
It didn't hold much levity until I actually started researching this and found the following statement "Further more, applications to a military department review board that allege a veteran suffered from a mental health condition, post-traumatic stress disorder, traumatic brain injury, sexual assault or sexual harassment while on duty, will be reviewed using a "liberal consideration" standard, according to a May 26 memorandum from the acting undersecretary of defense for personnel and readiness."
Then after researching some more I started finding breadcrumb trails from people saying this worked for them....so now my curiosity is definitely peaked
It didn't hold much levity until I actually started researching this and found the following statement "Further more, applications to a military department review board that allege a veteran suffered from a mental health condition, post-traumatic stress disorder, traumatic brain injury, sexual assault or sexual harassment while on duty, will be reviewed using a "liberal consideration" standard, according to a May 26 memorandum from the acting undersecretary of defense for personnel and readiness."
Then after researching some more I started finding breadcrumb trails from people saying this worked for them....so now my curiosity is definitely peaked
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SSgt Christophe Murphy
SGT Michael Mehrhoff are you trying to transfer your benefits or get something on your record changed?
I don’t know why you would be going through the ABCMR and dealing with all your disability info.
The link I provided lays out the process and the people you talk to. Read through the whole thing because it is all good information but the end is where it directs you if you are already out.
I don’t know why you would be going through the ABCMR and dealing with all your disability info.
The link I provided lays out the process and the people you talk to. Read through the whole thing because it is all good information but the end is where it directs you if you are already out.
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SGT Michael Mehrhoff
SSgt Christophe Murphy I've talked to these people...in the end I was told that the VA only handles disbursement of gi-bill funds and that only the Department of the Army can authorize transferability of the Gi-Bill specifically the ABCMR board for members that have already separated from the Army and are seeking any type of change to thier records or benifits
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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
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