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.


Asked on 5/22/07, 1:19 pm

3 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

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.

Read more
Answered on 5/23/07, 2:06 pm
John K. Harris Attorney at Law

Re: Broken Back

You may have a case for a medical discharge. You should contact an attorney.

Read more
Answered on 5/22/07, 3:37 pm
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

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

Read more
Answered on 5/22/07, 4:55 pm


Related Questions & Answers

More Military Law questions and answers in Louisiana