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

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.

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Filed under: Military law
Attorney answers 3

Posted

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 question does not create an attorney-client relationship.

Posted

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.

Philip Douglas Cave

Philip Douglas Cave

Posted

And it is a different atmosphere now with more attention being paid to MST and related PTSD issues. Good luck.

Asker

Posted

The event happened several years before I separated...and I was traumatized by the way the case was handled I was pretty much left to suffer in silence until I separated. I then spent a little time in the reserves so I don't know if that would backfire. Even though the reserves was quite different from AD.

William Emil Cassara

William Emil Cassara

Posted

If you would like to discuss further, send me an e-mail to bill@courtmartial.com and let me know what happened. I can then advise you of whether it will be worth your money to pursue further.

Philip Douglas Cave

Philip Douglas Cave

Posted

Give Mr C a call he will give you good advice.

Posted

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