Legal Question in Military Law in Virginia
Can you sue the military for a disability incurred on active duty?
I received a medical discharge from the Army in July 1999. The Army rated me at 10% disabilty, while the VA at 120%. I will now have problems with the nerve in my spine for the rest of my life and the Army gave me no benefits whatsoever. Please tell me, can you sue the Army? I have heard that you couldn't, but how can that be? The military is exempt from all rules and regulations of the US? Thanks for your input.
1 Answer from Attorneys
Re: Can you sue the military for a disability incurred on active duty?
The short is no. You cannot sue the military or the government for injuries while on active duty. I took a whack at changing this law 15 years ago but the Fifth Circuit slapped me down.
You can sue if no longer on active duty, e.g., medical malpratice at a V.A. hospital. Dependents of active duty personnel can sue. Active duty personnel cannot sue nor can they sue later for injuries that happened while on active duty.
The only remedies are V.A. benefits with perhaps a supplement from social security if totally disabled.
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