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Is a 100 percent service connected veteran considered military retired and if yes how does one claim it? I have a DOD card but is brown not green since I got my VA rating but I am not considered military retired.

Submitted: 333 days and 12 hours ago.
Category: Military Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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los angeles, California

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Posted by psimmons 333 days and 5 hours ago.

Answer

Depends on who issues the disability rating.

If you are injured in the service and are discharged from the service as a result, and they injury is over a certain percentage (I beleive %30) you can be medically retired. In this circumstance, you would be retired from the service and entitled to a percentage of retired pay based on your percentage of disability.

SO, the above applies to disability ratings given by the military.


Now, if you are discharged (NOT retired) from the military and then go to the VA, who in turn issue you a disability rating, you would be entitled to treatment for that disability, and perhaps compensation, but you would not be entitled to retirement benefits.

HOWEVER, Veterans classified as 100 percent disabled are entitled to use military commissaries, exchanges and theaters, as are their spouses and any children living with them. However, they are not eligible for military medical care; VA assumes that responsibility. This sounds like your situation. You are not retired military, but you have the majority of the benefits that retired military rate.




Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.












333 days and 4 hours ago.

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I did not ask this, I wanted to know how I become considered military retired because army was too lazy to give me my rating and said go to the VA.

Posted by psimmons 333 days and 4 hours ago.

Answer

If you have been discharged from the military, you can not get the title "military retired" unless you are retired from the military...you can not take your VA disability and turn that into a military retirement.

Sorry to bear bad news.

Now, theoretically, you could petition the board of records corrections to put you back in the military...if you could show that your discharge was erroneous...then you could apply for retired disabled...but unless there was an error in that process, you will have a difficult time doing this.



333 days and 4 hours ago.

Reply

Would that affect my VA Rating, I worked so hard to get it, it took me almost ten years to get it?

Posted by psimmons 333 days and 3 hours ago.

Info Request

Would what affect, if you tried to get back in the military?

333 days and 3 hours ago.

Reply

Would I lose my VA rating?

Posted by psimmons 333 days and 3 hours ago.

Answer

No, the VA rating is different from the military rating

333 days and 2 hours ago.

Reply

How would I request the of records corrections to do this?

Answer


The process is straightforward. You can begin the process here

http://www.archives.gov/veterans/military-service-records/correcting-records.html





Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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Expert: psimmons
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Accepts: 2613
Answered: 3/13/2009

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Retired Marine Corps Lawyer, Experience Prosecuting and Defending Cases, Prior Infantry Officer

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