Legal Question in Military Law in Minnesota

Medical retirement from the reserves

I have almost 17 years in the

reserves. While on Active Duty I

suffered a cardiac arrest, was

resuscitated, have a cardiac stent

and am doing fine. This was

determined to be in the LOD. I am a

physician. If I am subject to medical

separation, will I be entitled to

retirement?


Asked on 12/24/08, 2:00 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: Medical retirement from the reserves

That depends on the level of diability which is assigned to you. 30% disability or more and you would be medically retired. Anything less than 30% and you would be separated with severance pay. A PEB would determine if you are fit for full duty and the appropriate level of disability to be assigned. You can request a full hearing before the Board and to be represented by counsel to get te highest possible disability rating.

Please feel free to contact me directly if you have any further questions.

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Answered on 12/30/08, 1:53 pm


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