Legal Question in Military Law in Texas

Army medical retirement.

I just found out I have gall stones and have to have my gall bladder removed, I have also been diagnosed with sleep apnea, it seems medical problems are starting to stack up against me. What options do I have being an active enlisted Army soldier? I was told that I could possibly get a medical retirement.


Asked on 8/27/08, 1:20 pm

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

Re: Army medical retirement.

If you have a medical condition or conditions which render you unable to perform your normal duties, you must go through a Physical Evaluation or Medical Board (PEB) They will review your conditions and whether they render you unfit for duty. If so, then a percentage of disability is calculated. If you are awarded 30% or more, then you will be medically retired. Less than 30% will result in your being medically discharged with severance pay. There is a whole process involved and you will get a lot of bad advice from people who really do not know what they are talking about. Often the military will try to award less disability than would be appropriate. Thus, you should consult with an attorney who is familiar with medical boards and the process involved. DO NOT just listen to your command because they may not be interested in what is best for you.

Please feel free to contact me if you have any additional qiestions.

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Answered on 8/27/08, 2:08 pm


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