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I am bipolar and was in a Navy hospital. Veterans administration…

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I am bipolar and was...
I am bipolar and was in a Navy hospital. Veterans administration has made me 100% disabled. How can I get back compensation from the military for the time I was in the military until now? is 33 years since I was discharged for medical reasons and sincwe 1966 that I was in the Military
Submitted: 8 years ago.Category: Military Law
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Answered in 8 hours by:
6/29/2010
Military Lawyer: JAG Defense, Military Lawyer replied 8 years ago
JAG Defense
JAG Defense, Military Lawyer
Category: Military Law
Satisfied Customers: 124
Experience: CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications
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You are not likely to be able to get back compensation, nor change the outcome from your case from over 40 years ago in the military.

The military and the VA rules are different when it comes to disability ratings and also, progression of a disease, where the situation is worse/more complicated today, does not mean that the wrong decision was made years ago.

First, the military has to determine whether you have a disabling condition and, if so (and presuming it meets service connection rules) the disability rating. IF the disability rating is - AT THAT TIME - 20% or less, then you are just separated from the military, not medically retired from the military. If the disability rating is - AT THAT TIME - 30% or higher, then you either go on the Temporary Disability Retired List (TDRL) (where you can be for not more than 5 years) or the Permanent Disability Retired List (PDRL) - which is a permanent retirement.

Once you are out of the military, you are out of the military. If you have a service connected disability, then you can go to the VA for further benefits and, if over time, your disability increases, then you can get more from the VA as th disability increases...but you cannot go back to the military to get more from the military just because your condition worsened later on.

The only way you can get more from the military is to be able to prove that 44 years ago, in 1966, the disability rating that you received (if you received one, because at that time you may not have reached a disability status) was incorrectly determined. And, 44 years after the fact makes it almost impossible to PROVE that the decision back then was wrong.

And, before you can even get the military to look at your case you have to show good cause for missing the 3 year limit for filing your petition...in other words, what is your good cause for waiting over 40 years to file a petition when you are supposed to file it within 3 years of discharge?

So, when you put it all together, I think you have no realistic chance of getting the military decision from 1966 changed.
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