Legal Question in Military Law in Louisiana
Broken Back
I got a compression fracture in my
back during airborne school. I had
one prior to entering the military and
now my back is acting up even after
2 months of recovery. Is this
grounds for a medical Discharge and
how would one go about finding out
what to ask for and what benefits to
expect. I have only been in 8
months and didn't want it to end this
way, but it hurts just to sit up or tie
my shoe still.
3 Answers from Attorneys
Re: Broken Back
Not sure what the advice above means, but at least give him a call.
Bottom line is that you're in serious pain and you need to address it. There are channels to go through to get a military discharge, but more importantly, you need to get adequate medical care.
You MIGHT find that it is better to be in than out when it comes to medical care, so plan your course appropriately BEFORE you get out. After the fact it's likely to be really hard to get things done and at least while you're in, you have access to more resources.
I don't know to what extent this is possible, I'm just throwing out suggestions here, but you might be able to find another active service position that will get you benefits without requiring you to jump out of a perfectly good airplane...as much fun as that seems to be.
Re: Broken Back
You may have a case for a medical discharge. You should contact an attorney.
Re: Broken Back
You may be up for a medical discharge. The determination of your disability percentage will determine what/if any separation benefits you will be awarded. It would be best to contact an attorney sooner rather than later.
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 you'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 can 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�d like to talk about your case. I offer free, initial consultations and would be happy to initiate the teleconference in order to save you in long distance charges.
Good luck
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