If you were separated or retired because of a disability, you may be under the impression that you are stuck with the rating percentage that you were given. This is not necessarily true. In fact, two different boards have been specifically set up to review disability ratings. In 2009, the Physical Disability Board of Review was established for each of the services to review the accuracy and fairness of disability ratings that are 20% or less assigned to servicemembers separated from the service because of a disability between September 11, 2001 and December 31, 2009. Additionally, each of the services has a Disability Review Board which will review decisions to separate or retire servicemembers from active duty within the last 15 years without pay because of a physical disability. Also, the Army offers the Army Disability Rating Review Board which will consider requests from servicemembers retired within the last five years with a disability rating if that servicemember believes the retirement was based on fraud or a mistake of law or that servicemember has substantial new evidence to present. Finally, in the appropriate cases, each of the services’ Boards for Correction of Military Records can sometimes review and help with disability discharges, retirements and ratings. Applying to the right board and presenting the right material takes experience. I can help you. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.
