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I was retired at 40% disability from the military for 1 ...

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I was retired at 40%...
I was retired at 40% disability from the military for 1 illness catagory Depression without any attempt at treatment or seeing a Psychiatrist . I was given no considration for the other 20 qualifying disorders I have. My disability is not taxable. Will the VA compensate me separately for the disabilities not covered by the military concurrently. For me to give up my retirement will not benefit me because there is no advantage of the VA tax exempt status yet my other illnesses warrant compensation. Can I take the USPHS to Federal tort claims court for fair and equitable VASRD % rating since they never counseled me. Remember there is no MEB or PEB boards in the USPHS just a Medical review board only.
Submitted: 10 years ago.Category: Military Law
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Customer reply replied 6 years ago
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Answered in 1238 days by:
4/30/2011
Military Lawyer: P. Simmons, Military Lawyer replied 6 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,578
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.

No, you can not sue under the ftca. This is prohibited by the case fees v US which is a supreme court case that holds you can not sue the government for what you describe.
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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,578
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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