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This is always a difficult question because the they have quite a bit of discretion in those determinations. There isn't any absolute requirement to process a medical retirement or discharge which they have other methods of separation. If you've attempted the board of corrections already, with no success, there isn't any other method of trying to correct the issue. That is the only entity that could correct it.
Additionally, you have to question what the purpose of trying to establish that now would be. You can't get medical retirement and VA disability at the same time (only a full 20 year retirement can be received concurrently with VA disability), so you'd get no double disability pay for that time frame. At best, ***** ***** talking about back pay for the time frame from the discharge until you finally obtained your VA disability rating. That may be significant or not, I don't know your situation.
But again, the determination to send someone to such an evaluation board is discretionary. It certainly would have been appropriate under the facts, but not mandatory.
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