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Honorably discharged from USN due to Pre-existing condition.

Was allowed into AD with...
Honorably discharged from USN due to Pre-existing condition. Was allowed into AD with a statement that I am not physically qualified for Naval Pilot, but am qualified for duty (Surface Warfare). Upon discharge, received no compensation (just base access for 2 years) but 50% from VA. My question is can I appeal this ruling and seek compensation/correction to my dd-214 for this situation.
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Customer reply replied 1 year ago
Commissioned Naval Officer: 26JUN2011, discharged 15FEB2012.
Customer reply replied 1 year ago
I Do have on Naval letterhead proof of the statement acknowledging my pre existing condition yet still allowing me in.
Answered in 7 hours by:
3/24/2017
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,460
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You can certainly attempt to do so; however, you have to understand that the VA standard is very different than the active duty standard for granting of disability.

To try and alter this, you'd need to file a DD Form 149 with the record corrections board and ask them to review the evidence to determine if an error was made in your separation and DD Form 214.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 1 year ago
Thanks for the information. How do I Get that form and how do I file if? What are my risks associated with it?

You can get the form online. The form itself tells you what location to send it, depending on your branch of service.

As for the risk, there is none. It is technically an appeals process and they cannot come to a conclusion that is less favorable that whatever is presently in place now. It can only stay the same or get better.

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Customer reply replied 1 year ago
for the USN, I'd file the form you mentioned. Likely, they won't overturn their ruling. I get it, just unfortunate.On the VA front, so I risk getting my disability percentage re-evaluated? Some of my items currently on file no longer are covered, I believe I would risk a decreased percentage which in the long run would yield lower compensation,

Likely no, they would not overturn the ruling. That is based on their standard of review, which requires them discovering an error.

I only suggested the DD Form 149 in relation to having the active military decision reviewed. I did not recommend having the VA reevaluate also, which is an entirely different process. The DD Form 149 process would not relate to the VA at all.

No, I don't think that having the VA reevaluate here would be helpful.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,460
Experience: Lawyer and current JAG officer.
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Customer reply replied 1 year ago
Thanks so much for your time. I really appreciate your guidance. I'll stay with what I currently have.
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