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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20399
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I showed signs of PTSD prior to separating and was not

Customer Question

I showed signs of PTSD prior to separating and was not properly diagnosed or rated prior to separation. Can I seek medical retirement after I was honorably discharged due to a misdiagnosed mental health condition?
Submitted: 1 month ago.
Category: Military Law
Expert:  Marsha411JD replied 1 month ago.

Hello,

Thank you for your question. You can try by filing a petition for the Board for Corrections of Military Records for your particular branch of service. However, you will have the burden of proof to show that there was an "error" or "injustice" in not medically retiring you. I would highly recommend that if you decide to do this that you hire a military law firm (civilian attorneys who practice military law, including post-service issues) as they know exactly what information and evidence to gather and submit based on the client's detailed background interview and also know the legal standards and precedent that the Board will use to make their decision. You can find such a firm by either doing an online search through your search engine, or by contacting your State's Bar Association Lawyer Referral Program and telling them you are looking for a law firm that practices Military Law.

If you have not already done so, you might consider filing for a service-connected disability through the VA. If there are medical records, or any other record, that supports the diagnosis of PTSD, even if the actual diagnosis was never made, you might have more success with this claim with the VA.

Please feel free to ask for clarification if needed, keeping in mind that I can not provide you specific legal advice about your claim or petition since I am not your attorney and we cannot form an attorney-client relationship via this forum. I will be away from my computer for most of the day, but will respond as soon as I am available. If you don't need any further assistance, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide you with the information you requested, then the Site will give me credit for assisting you today. Thank you

Customer: replied 1 month ago.
I understand and have been rated at 100% for PTSD. The issue is that I have an established pattern of symptoms that were documented in my military medical records, including a diagnosis of an anxiety disorder while in the military. I feel with my 9 deployments in 12 years that it was the responsibility of the Navy to ensure they have the correct diagnosis prior to separation, right?
Expert:  Marsha411JD replied 1 month ago.

Thank you for your reply. Medical personal have a duty to diagnose and treat symptoms and diseases that are known to them. PTSD, as you know, can manifest itself in many ways. I can't second guess what was or wasn't done properly on the active-duty side,especially without an in depth review of your records, interviews, etc. I can only tell you what your legal options are now, which I covered. It would probably be worth your while. especially since you have a VA rating at 100% to speak to an attorney (military law firm) about your issue as they may be able to find enough evidence in your record to support a petition to the Board for Correction of Naval Records to medically retire you.

Expert:  Marsha411JD replied 1 month ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 18th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.