Great IDES Win (So far)
Vietnam Veteran’s Voluntary Separation In 1978 Was Deemed Legally Insufficient – He Should Have Been Processed Through The Disability Evaluation System Prior To Discharge (Chapter 61 along with numerous Sections of the Code)
If you were recently deployed to Afghanistan, Iraq, Egypt, Jordan, Syria, Uzbekistan or some other hell hole, and even if you weren’t deployed, you may be entitled to a Defense Department (DOD) disability pension and Tricare based on instrumentality of war. Our client, an 82nd Airborne Vietnam Veteran, deserved a MEB. In 1978, a Vietnam Era veteran was denied processing through the Disability Evaluation System (DES), which impacted his entitlement to potential disability retirement. The veteran contended that he was suffering from several medical conditions at the time of his discharge, which would have warranted a review under the DES, potentially leading to a medical retirement.
In early 2024, the veteran petitioned the Air Force Review Boards Agency (AFRBA), and the case was reviewed by multiple advisors, including a medical advisor, and a legal expert for the Department of the Air Force specializing in military disability law.
Medical Advisory Opinion
In July 2024, a medical advisor reviewed the case and provided a more nuanced view regarding the veteran’s physical health. The advisor examined the veteran’s medical records, which detailed conditions such as chronic right shoulder pain, neck and back pain with neurological deficits, and migraine headaches. These conditions were deemed likely unfitting for continued service at the time of discharge, with a combined disability rating between 30% and 60%. This would have made the veteran eligible for a medical retirement under the DES – possibly 45 years of retroactive pay.
AF Legal Review
The final review came from the Chief of Disability and Casualty Law with the Air Force, in September 2024. This legal opinion was pivotal in determining that the veteran had been denied a disability review. The AF lawyer agreed with our argument that our client had not been informed of his option to extend his service for a proper DES evaluation. Our client’s ETS was legally insufficient, suggesting that he should have been processed through the DES before discharge.
This case highlights the procedural gaps that can occur during military separations, especially during periods of transition like the post-Vietnam era. Veterans who suffer from conditions that may affect their fitness for service deserve the opportunity for a thorough medical review before being discharged. The case also emphasizes the importance of adequate legal counsel and the role of advisors in ensuring that veterans’ rights are upheld.
Injured and Unfit From Military Injury?
For veterans facing similar situations, our staff at Citizen Soldier Law can provide valuable assistance in navigating these complex cases, potentially leading to record corrections or retroactive benefits.
