Very Ironic That The DOD AND The VA screws the very people who keep them in business yet Boast in front of congress and the American people how well off the Soldiers, Sailors, Airmen and Marines are under their (DOD And VA)care and guidance. I am one of those "Screwed" because of "filtered care and management". After Iraq I was placed in medical hold and went through the medical process from the care to the MEB/PEB process. Mind you even though I had 23 years on the books for pay I was shy 2 years and 3 months for a retirement. At the end of this misery were the words "Medical Severance". Let me just say that it was my HONOR to serve my country in both peace and war. Now, as I listen and read about ALL military personel going through the gauntlet in relation to the military severance and VA disability playground I say this: The military severance I got was supposed to be $52,000. My injury was while I was diving into a foxhole for cover. Documented!! With LOD! The final MEB/PEB says no it was not!! Tried To Argue and make case with paperwork and statements but on deaf ears all the way around. This $$/severance is supposed to be tax free if in combat!! Okay!! Now that it happened "somewhere else" this money will now be taxed. Having Been told this amount should at least equal a years pay. I now go to the VA and they say I can recoup the taxes taken out of severance once they, the VA, determine that my injurie(s)were service and/or combat related. I am also told that the VA will recoup for Uncle Sam the money that I earned getting hurt/wounded in Iraq because we are not allowed to double dip. That is BS because I am not double dipping. The $$ I get for severance will not at all interact with VA disability as it will barely cover the years bills, debts and/or mortgage. It takes this "great" VA a year or more just to come back with a finding or determination/rating. Then lets say for HaHa's I get a rating of say 50% = say $1000 a month. I am then denied that money because Uncle Sam gave me a "loan" I didn't ask for. Get It?? So now I have to wait longer to get anything from the US government because some military and civilian PUKE have joined forces to create a vision of "double dipping" when in fact these are two seperate entities of which neither allows for logic and common sense.
I can go on and on with facts of which the US Government will not afford you and this is all done via my time and research and common sense and logic!! There are those who would say "Stop Whining" because they themselves have no desire or clue just the attitude "it is what it is" and too weak to fight for "just AND Due Process" without the rhetoric being force fed to AMERICA'S FINEST, THE US MILITARY FORCES.
I have talked to numerous individuals from ALL Branches who will step up to the plate with their circumstances. All of which are very similiar mind you!!
This notion of double dipping is at the least a fraudulent claim by both the military top brass, it's playmates and their budding political affiliates..
Again this is MY COUNTRY and I will Always defend her but rest assured ENOUGH IS ENOUGH!!
When a presidential candidate Obama, states that he does not have to wear the flag of the country he wants to represent because he feels that it is not a representation or a matter of being patriotic or not, it's about being an American. Wrong Answer!! The American Military has an obligation to defend what is OURS and that Blanket of Freedom or The AMERICAN Flag as if our lives depend on it which by the way at this point in our history it DOES!! He talks about veterans and what he will do for the military and it's veterans yet as Commander in Chief he fails to represent America through a notion of "I'll Be Patriotic My Way"! If this is the case then ALL of America's veterans and service members should dictate the facts. If the US Government is going to say it will take care of it's Military then do it without a fraudulent miscarriage of information and stop fixin the books!!
As time goes on I will go more deeply into the facts and again let me assure if we can fight and WIN a war then we can fight those pukes who have ANYTHING to do with us when we get back home!! Sadly, there are no BALLS out There When It Comes to representing us vet's when we need a sort of legal representation like charging Uncle Sam For The costs Incurred while FIGHTING FOR WHAT IS RIGHT!!!!

TRIAL,

The 2008 NDAA has a provision that establishes the DoD Disability Review Board. Those who received separation level ratings sinec 9-11 are eligible to have their disability cases reviewed. You should monitor the development of this board and apply as soon as you can. If you can get your rating raised to 30%, your will receive disability retirement vice separation. The provision is below:


SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES SEPARATED FROM SERVICE WITH A DISABILITY RATING OF 20 PERCENT DISABLED OR LESS.

(a) BOARD REQUIRED.—

(1) IN GENERAL.—Chapter 79 of title 10, United States Code, is amended by inserting after section 1554 the following new section:

§ 1554a. Review of separation with disability rating of 20 percent disabled or less

(a) IN GENERAL.—

(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the disability determinations of covered individuals by Physical Evaluation Boards. The board shall be known as the ‘Physical Disability Board of Review’.

(2) The Physical Disability Board of Review shall consist of not less than three members appointed by the Secretary.

(b) COVERED INDIVIDUALS.—For purposes of this section, covered individuals are members and former members of the armed forces who, during the period beginning on September 11, 2001, and ending on December 31,2009—

(1) are separated from the armed forces due to unfitness for duty due to a medical condition with a disability rating of 20 percent disabled or less; and
(2) are found to be not eligible for retirement.

(c) REVIEW.—

(1) Upon the request of a covered individual, or a surviving spouse, next of kin, or legal representative of a covered individual, the Physical Disability Board of Review shall review the findings and decisions of the Physical Evaluation Board with respect to such covered individual. Subject to paragraph (3), upon its own motion, the Physical Disability Board of Review may review the findings and decisions of the Physical Evaluation Board with respect to a covered individual.

(2) The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the armed force concerned and such other evidence as may be presented to the Physical Disability Board of Review. A witness may present evidence to the Board by affidavit or by any other means considered acceptable by the Secretary of Defense.

(3) If the Physical Disability Board of Review proposes to review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual, the Physical Disability Board of Review shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before proceeding with the review.

(4) With respect to any review by the Physical Disability Board of Review of the findings and decisions of the Physical Evaluation Board with respect to a covered individual, whether initiated at the request of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual or initiated by the Physical Disability Board of Review, the Physical Disability Board of Review shall notify the covered individual or a surviving spouse, next of kin, or legal representative
of the covered individual that, as a result of the request or consent, the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual may not seek relief from the Board for Correction of Military Records operated by the Secretary concerned.

(d) AUTHORIZED RECOMMENDATIONS.—The Physical Disability Board of Review may, as a result of its findings under a review under subsection (c), recommend to the Secretary concerned the following (as applicable) with
9 respect to a covered individual:

(1) No recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual.

(2) The recharacterization of the separation of such individual to retirement for disability.

(3) The modification of the disability rating previously assigned such individual by the Physical Evaluation Board concerned, which modified disability rating may not be a reduction of the disability rating previously assigned such individual by that Physical Evaluation Board.

(4) The issuance of a new disability rating for such individual.

(e) CORRECTION OF MILITARY RECORDS.—

(1) The Secretary concerned may correct the military records of a covered individual in accordance with a recommendation made by the Physical Disability Board of Review under subsection (d). Any such correction may be made effective as of the effective date of the action taken on the report of the Physical Evaluation Board to which such recommendation relates.

(2) In the case of a member previously separated pursuant to the findings and decision of a Physical Evaluation Board together with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such member would be entitled based on the member’s military record as corrected shall be reduced to take into account receipt of such lump-sum or other payment in such manner as the Secretary of Defense considers appropriate.

(3) If the Physical Disability Board of Review makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation Board to which such recommendation relates shall be treated as final as of the
20 date of such action.

(f) REGULATIONS.—

(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense.

(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section.

(3) The regulations under paragraph (1) shall specify the effect of a determination or pending determination of a Physical Evaluation Board on considerations by boards for correction of military records under section 1552 of this title.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 79 of such title is amended by inserting after the item relating to section 1554 the following new item:

‘‘1554a. Review of separation with disability rating of 20 percent disabled or less.’’.

(b) IMPLEMENTATION.—The Secretary of Defense shall establish the board of review required by section 1554a of title 10, United States Code (as added by subsection (a)), and prescribe the regulations required by such section, not later than 90 days after the date of the enactment of this Act.