Legal Question in Military Law in Florida

Pre-existing injury

My boyfriend had a nasty ski accident when he was younger and shattered his femur and screwed up his whole leg. He has been in AIT for one month and his knee started to pain him a couple of weks ago and his military doctor said, after reviewing his medical records, that he had poor reconstruction of is knee. The doctor ordered a bone scan and he got the results yesterday and told him they had to do it again because they couldn't read the scan. We are hoping and praying for a medical discharge because the Army was a huge mistake. We were thinking he could try to ''help'' the injury along to make it a little worse. What are the chances of getting a medical discharge from the Army on a pre-existing injury such as this? He has already failed a couple PT tests because it pains him so much.


Asked on 1/29/08, 4:55 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Pre-existing injury

There is a possibility they will medically discharge him, but there is surely no guarantee, and after they spend all that time and money fixing his leg, my guess is that they will want to keep him in the military. He has already made it through the worst of it (Basic). They may reclassify him to an MOS that is less physically demanding. But there is no guarantee they will discharge him.

He will get excellent surgical and medical care in the military and it will be free of charge to him. He is likely to have a very good result from this.

If your soldier "helps" the injury along he is likely to face charges. He should play this straight up and not try to shoot any angles on it. In the end he will be a lot happier.

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Answered on 1/30/08, 9:25 am


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