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Separated 2001 august 17 disability. clear unmistakable

Separated 2001 august 17...

Separated 2001 august 17 disability. clear unmistakable error. 10 percent scar 50 percent nerve damage hand added to 2001 august 18,10 percent scar increasing to 60 percent. withheld(50 percent) 846 month for severance pay received-leaving 172.00 payment(10 percent)...retirement for 50 percent combat related injury reason MEB(from kosova). I should be eligible for retirement pay and not had to pay back severance pay(clear unmistakable error letter)?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Nc

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Got out 2001-found later after looking for military info

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Im tdiu now

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Answered in 35 minutes by:
3/17/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I am sorry for this dilemma. But I do not understand your specific question. Do you have a question regarding this matter?

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Customer reply replied 5 months ago
I'm not receiving retirement pay. or crsc for injury. How can I go back and receive retirement pay and get severance pay i paid back. Clear unmistakable error letter received dated 2001

Are you currently receiving retired pay? Did the military retire you??

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Customer reply replied 5 months ago
had records reviewed for eligibility (found to be eligible for crsc) and audit process now. But anting to know about retirement, that should have been given instead of severance.

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Have not heard from you on the phone offer...so I will type an answer.

I am sorry to be the one to bear bad news. IF you were separated and not retired, it is NOT possible to gain retirement now.

Period.

There is a process that a vet can use to "correct" errors in their service record...but his process will not allow the board of corrections to retire you when you were separated for a disability.

That simply is not possibe

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can demand they retire you, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 5 months ago
no I'm not receiving retirement but should be-50 nerve damage added found as a clear unmistakable error . added to 10 percent

I understand. But CUE does NOT apply to DOD. That only works for VA. Again, I am sorry to be the one to bear bad news

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 5 months ago
where do i go to get it correct... men boarded out for scar- truthfully for nerve damage of 50 percent(the clear unmistakable error)

What do you mean corrected? Again, it is impossible to get retirement at this point. The law will not allow you based on what you have described.

Again, I am sorry to be the one to bear bad news.

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Customer reply replied 5 months ago
men out from kosov...letter was dated 2001 december
Customer reply replied 5 months ago
meb boarded..

I understand...but as I have stated, several times, it is NOT possible to change this...CUE has no bearing on this...CUE is a VA term/mechanism.

It gives me no pleasure to have to be the one to bear bad news...but I am assuming you want accurate information.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 5 months ago
signed waiver to except severance and not retirement.... lawyer is reviewing case already just wanted opinion into direction might run into...

In my opinion (and this is my "day job") if you are paying a lawyer, you are wasting your money...but I wish you the best.

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Customer reply replied 5 months ago
crsc payment not receiving and should be...audit process happening now...okay thank you for taking the time...welcome

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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