Question:

Hi Jim,  my son was injured in service and was on temporary disability retirement since 1996, after he received an unpaid bill for his dental work he was notified that he had been removed from the Deers system and dropped from his temporary retirement as of October of this year! After contacting the Deers office they couldn't find out why but informed him that temporary retirement should have ended after five years, and that they had sent a letter requesting an exam back in 2001 or 2005 which he never received. Now he did get a letter years back asking if he wanted to get off and take a settlement to be on veterans system, but he didn't take their offer. Now he was just awarded 100% total & permanent disability. However he is concerned about losing his military retirement benefits such as his Tricare & dental and certain other benefits he did have on the Deers . Does he have any way to ask or appeal his being removed from Deers and are the benefits better with VA vs Deers? If he can get back on Deers should he and is it worth the trouble to get back on Deers?  Can you reply with some suggestions?  We are very confused about what was done and how it all occurred, But he is pleased at least to have been awarded his 100%. Please reply if it is worth it to try and fight to be returned to his military retirement status? And can he find a path to reinstatement?  I called one attorney and was told he would have to pay about $17,000 to file to the board and it would take about 2 to 3 years?? Please reply and Thank You!!!

Jim's Reply:

The best I can offer is that you may have talked with the wrong lawyer. Accredited Veterans Law Attorneys won't ask for money up front.  Before you talk with another lawyer, head to your State's veterans service officer program and seek some help..You may find someone who knows the process not far from you.