Legal Question in Veterans Law in West Virginia
Military Decisions
When the military finds in favor of a Veteran that an injury occured while in active service, why are they not responsible from the date the injury occured instead of the date the claim was filed?
Can you refer information to me, or resources of cases where the Veteran was back paid from the initial injury, not the date the claim was submitted?
2 Answers from Attorneys
Re: Military Decisions
I think you may be confusing VA decisions with military service decisions. Just because the VA may find you disabled retroactive to the date after you were discharged does not mean that the military did find you disabled (or if it did to the same percentage) as the VA found you. In situations like this, your best bet may be to appeal to your service�s Discharge Review Board and/or Board for Correction of Military Records and request an upgrade to your discharge. The upgrade would be to a medical discharge to the highest disability percentage that you would be entitled to.
Generally speaking, a former service member may be able to request a record change with the Discharge Review Board. If not successful with the DRB, a former service member may be able to request an upgrade with the Board of Correction for Military Records. However, the record�s change may be barred due to statue of limitations. I'd need more details to better assess your situation.
If you'd like, feel free to contact my office to set up an appointment. My initial consultations are free and I'd be happy to initiate the call to save you long distance charges.
Good luck!
Re: Military Decisions
That's a nice legal research project, that you can expect to pay for,--or go to the law library and research with the help of a librarian.
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