Legal Question in Veterans Law in Tennessee

Road-Side Bomb

My husband was seriously injured in a road-side bomb 2 1/2 years ago. They didn't check him out and kept him there on the front lines for 3 months until they figured out just how bad his injuries were. They were so unorganized he had to self-medvac himself to Germany..then they took over and sent him to Walter Reed. He desperatey wanted to stay in the army but no longer qualified to work as a squad leader in the Infantry due to the bones being blown out of his ears. They held a medical board where they agreed he could re-enlist only he needed a higher security clerance. They made him out-process because he didn't have his security clearance yet...the delay of the medical board, and his injuries being appropriately diagnosed,cost him a job or a medical retirement. He did the right thing by trying to stay in at all cost. The Army let him down by not stopping the clock so they could get him the clearance for a job. My husband is now considered 100% temporarily disabled (VA) he doesn't have health insurance for his family due to the ''temporary'' status and he has been deemed ''unemployable'' from VR & E. He was denied a job, a medial retirement....and now we wait to see when his temporary status ends. Do we have recourse?


Asked on 8/22/07, 7:54 pm

1 Answer from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Road-Side Bomb

(I am a little confused as to whether your husband has been discharged yet from the military.)

He may be up for a medical discharge (or may have been entitled to one). A Military Medical Examination Board process (if he is still in the military) or a Board for Correction of Military Records (if he was discharged from the military) can be a complicated processes.

Some separated service members are finding themselves separated with either no disability rating or a lower disability rating than what they are actually entitled to. Obviously, the bigger the disability rating the larger the benefits he'd be entitled to. Unfortunately, these service members the go through the Veterans Administration only to discover that they have a higher disability rating that is conspicuously related back to the day after they were discharged. These service members then have to appeal to their former military branch's Board of Correction for Military Records for an upgrade in their discharge. If the service member loses at the BCMR stage, they may be able to appeal the ruling to US Federal Court. This can be lengthy process and in the meantime the service member does not get all of the benefits that they may be entitled to.

Feel free to contact my office to set up an appointment if you would like to talk about your husband case. I offer free, initial consultations and would be happy to initiate the teleconference in order to save you in long distance charges.

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Answered on 8/22/07, 8:20 pm


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