If you were separated from the military honorably over 10 years ago and are currently receiving VA benefits for PTSD from MST

Asked over 1 year ago - Portland, OR

and were not afforded the opportunity to undergo a MEB, can you now request a medical retirement in lieu of separation? I have documentation concerning my MST, but 10 years ago one wasn't afforded an opportunity to address PTSD for MST. Times have changed and military members now have more opportunities concerning MST, where this wasn't the case 10 years ago. 10 years ago you had to not make any waves if you wanted to move on in your career.

Attorney answers (3)

  1. William Emil Cassara

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You can, and I have handled several of these cases, but the burden is on you to show that at the time you were separated you should have been medically boarded. It is a significant burden to overcome, but it can be done. It would be worth your while to have a military law attorney review all of your discharge documents and give you an opinion on the viability of such a case.

  2. Seth A Director

    Contributor Level 10

    2

    Lawyers agree

    Answered . Agree with the above, Mr. Cassara should be able to provide guidance as to whether it is worthwhile to pursue such an action. My suggestion is you make a request for the entirety of your VA Claims File with your VA Regional Office now so that those documents are in your possession if you choose to go this route. The VA had to make a determination that there was credible stressor "markers" in order to establish service-connection for MTS PTSD and you'll definitely need those documents going forward. I can provide a sample FOIA/Privacy Act request if you email me at sdirector@finkrosner.com

  3. Philip Douglas Cave

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Contact Seth Director here on AVVO.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more

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