Have Military Law Questions? Ask a Military Lawyer.
Yes please give me feed back on my question.
I wanted to know if I should pursue Military Retirement after I have been honorably discharged involuntarily. I have a medical illness that was aggrevated by military service. The illness is service connected.
The reason I am pursing this question is because If I am granted a Medical Retirement, sometimes called a Chapter 61....then I would rate CRSC.....please google it.
I wanted to put in for Combat Related Special Compensation.
The only way I would rate it is by having been medically retired.
I was let off active duty and I was granted 100% service connected disability and social security.
In my VA files it states service member is retired.
Why am I not retired from the military when in fact my disability rating was at 100%? Anytime your disability rating is over 30% you rate a medical retirement. Please look and assist me.
Yes, please assist. Please do not have me waiting long. I am leaving the country in a few days....I will be back in Sept.
That's the very thing. My courts-martial was reversed. My charges were set aside. No re-trial occurred. I am 100% disabled veteran. I wanted to pursue retirement. Can you help? I would be happy to retain you. Please call me and we can discuss this matter further. XXX-XXX-XXXX.
That's the thing. I have filed a petition to the Board of Corrections for Naval Records. They sent me a letter back asking me for more information. I received a letter while on appellate leave informing me that I was being discharged honorably and the courts martial was being set aside and the charges were dismissed. The Commanding Officer said in the letter that all rights property and privileges shall be restored.
I lost my personal property in an off base storage unit. My things were auctioned off because of my inability to pay my bill. The unit stopped my pay because I was under investigation for larceny. They said that I was stealing BAH when in fact I was rightfully receiving it. I was new to the unit and did not stay on base.
Am I entitled to a retirement knowing that my disability was rated at 100% using the VA schedule of rating? The law states that anyone leaving active duty and has a disability rating of 30% or greater shall be retired.
My ultimate goal is to began receiving CRSC.
What am I to do?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).