Legal Question in Military Law in Mississippi
military medical questions
Since i was on active duty military status when this problem started occurring, but it was not properly daignosed until i had been off orders for four days, should i, or should i not be put back on active duty medical orders until it is decided if i will be medicaly discharged or until i am cleared by a medical doctor. i have a total of twenty years service in the air national guard, with thirteen of those years being active duty. i have provided military medical personnal statements from doctors and provided medical records stating that the medial condition started and was present while on active military status. i know that i cannot fly with a pacemaker and i have been told that i also cannot remain in the military with this pacemaker. at present, the military has not put me on active duty military medical orders and i was wondering if they are required to do so and also what the procedure would be for them to do so. in my current situation, i think that you would agree with me that an active duty medical retirement would be my best option. any recomendations or help that you could give me on this matter would be greatly appreciated sir. thank you.
1 Answer from Attorneys
Re: military medical questions
Read DOD Directive 1332.18, DOD Instructions 1332.38 and 1332.39. See that a line of duty determination has been initated. Seek assistance from your local IG and then from your congressman. Ultimately, you can proceed with a petition for correction of your military records from the Board for Correction of Military Records and then a claim to the US Court of Federal Claims if necessary. Document all conversations with follow up letters. Keep an address book of all people involved and keep a chronology of everything that happens. Also, calendar all deadlines and statutes of limitations requirements. Lastly, apply for VA disability benefits, and obtain Counseling about any other benefits to which you may be entitled.
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