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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91798
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am on my end of 2nd yr marine corp active service. I have

Resolved Question:

I am on my end of 2nd yr marine corp active service. I have been deployed once. I have bilateral hip pain x months and worse progressively. My superiors are aware of it. I had light duty a few times and pain returns immediately after returning to running. Ibuprofen no longer helps. I have been seen several times by some military medical personal. They did not exam me but keep giving me ibuprofen, not allowing me to see MO or have XR. At a time I was accused malingering.

Now I have seen civilian doctors including hip specialist and done XRs and MRI. I am diagnosed with hip impingement. I have options for the treatment: surgery/arthroscopy vs. conservative on restrictions: no running, no squatting to flex the knee >90 degree and avoid prolonged walking. I would like to avoid surgery.

My questions:
I would like to stay my active service till satisfy my 4 yrs. contract with an honored discharge. I feel I still have a lot to contribute and can serve. From what I have heart, it is possible for someone to stay with a job with restrictions for medical reason, e.g., administrative job and etc. Is it true? What would be your recommendations/suggestions on how to get such position? If it is impossible for me to stay then what would happen? If I am ordered for separation from military due to medical reason, what is the process? How long does it take? Would I still be able to get military benefit?

If I choose or have to choose requesting medical discharge, while await for the approval would I have to loss my salary? How long does the paper work take? What would I be doing during that time? Would I still have military benefit, eg. education benefit after discharge?
Would you please keep my case confidential, i.e. not publish in the web site for others to review?
Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 1 year ago.


I would like to wait for the experts to answer my questiona. PaulMD answered my question before, If you can do this it'll be fine. If he is not available or need other expert that is fine with me.

Customer: replied 1 year ago.


I asked you on my last question that not to publish my questions on the web site. Why is it still published? Can you take it out?

Expert:  Fran-mod replied 1 year ago.
Hello,

Thank you for your reply. To better serve you, I will forward your questions to Customer Service where a representative will contact you via email.

Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  Wendy-Mod replied 1 year ago.
Hello again,

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Wendy
Customer: replied 1 year ago.


I like to wait for the answer from the expert.


I request to remove my questions from the web site for public to review.

Expert:  Fran-mod replied 1 year ago.
Hello,

Your other questions have been locked for privacy and will not be visible on the web once they expire from Google's cache. This question will remain public so that the legal professional can see it. Once it has been answered and you have rated the expert, you can request for it to be locked for privacy too.

Thanks for your patience while we search for a legal professional.
Customer: replied 1 year ago.

Can you send me your Mil Lawyer's names so I can choose a specific one for my questions from >48 hrs ago?

Expert:  Fran-mod replied 1 year ago.
Hello,

Our Military lawyers have all been notified already as to your question, and your question is open to each of them as well as to our site researchers.

I will mark this as high priority for you. Thank you for your patience.
Customer: replied 1 year ago.

I understand the waiting but I am not sure I under stand your reply. Am I still waiting?

Expert:  Wendy-Mod replied 1 year ago.
Hello,

Yes, we are still searching for a professional who can help you with your question. Thank you again for your patience.

Regards,
Wendy
Customer: replied 1 year ago.


Could you direct my questions to PaulMJD. Thank you.

Expert:  Wendy-Mod replied 1 year ago.
I have sent Paul a message. He should reply when he's online again.

Thank you,
Wendy
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for asking for me. I look forward to working with you to provide you the information you are seeking.

As far as staying around with your disability to complete your remaining 2 years, only your command can agree to provide you such a position if they have one available as you know. You are going to have to present your civilian medical reports to the military physician and get approval from them as well to stay in or to initiate the paperwork, as we previously discussed, to get a medical discharge. If you can get the civilian doctor to attribute the medical problems to service in the military, you can receive a service connected disability which would entitle you to military disability benefits.

As far as the time it would take to process either a medical discharge or disability discharge, that depends on the cooperation of the military medical staff and their acceptance of the civilian doctor reports regarding your disability, since they can force you to remain in and have surgery to finish your commitment if they find the surgery will cure your medical issue.

If you get a disability discharge you would be entitled to all of the benefits and also a disability pension benefit depending on the percentage of your disability rating. The process can take up to 12 months or sometimes more, but there is no way to predict with more accuracy because of the cooperation of the medical personnel and running the paperwork through your command.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

Please direct to PaulMJD


Thank you very much for your answers.


One unanswered question: while await for the approval/paper work would I have to loss my salary?


Thank you again.

Expert:  Law Educator, Esq. replied 1 year ago.
No, you do not lose your pay while awaiting your determination as long as you are not discharged.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91798
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Please direct this to PaulMJD


 


Thank you again for your help.


 


How likely it would be to have a extended leave while my surgery of 2 may take 6-8 months to recover and rehab? Would the time of leave not be counted as part of my 4 yrs contract, ie I may eventually stay in physical time of 4 yrs + the time of extended leave?


 


If I have the surgery while being active in the military, do I have choice of my surgeon, an expert, instead of having an assigned VA doctor to do my surgery? Even with my parents med insurance coverage?


 


What is the difference between the benefits if I am medically discharged vs disability discharged.


 


Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and for asking for me.

Extending your time for surgery is up to your command. Also, whether or not you are allowed a non-VA doctor is up to the military medical corp as to whether or not the surgeon you will be using is the better capable of performing the surgery you require.

The medical discharge does not entitle you to any real benefits unless it is a permanent disability that is the reason you were discharged. The medical discharge just states you could not complete your service for no real fault of your own and they just let you out.
Customer: replied 1 year ago.

Thank you


If medically dischargedam I entitled to have the usual benifit eg education ?

Expert:  Law Educator, Esq. replied 1 year ago.
For a disability discharge you would not medical discharge I am afraid.
Customer: replied 1 year ago.

Please direct to PaulMJD


Thank you. May be I did not state my question clear, I meant if I am with a medical discharge, am I getting military benefit for education?


Also, does my condition sound like a disability discharge or medical discharge?


 


one unanswered question: if I get to stay in with extended leave for surgery, is the time of leave for surgery counted as part of my total 4 years or in addition to the 4 years?

Expert:  Law Educator, Esq. replied 1 year ago.
I don't know whether or not the doctor can cure your condition. If the doctor can cure it, then medical discharge is all you would likely get. On the medical discharge you will not get the education benefits.

If you are on leave for surgery, your command has a choice to count some of it or all of it to your total years of service.
Customer: replied 1 year ago.

Please do not put this for the public to view.
Please direct this to PaulMJD


 


My civilian MDs diagnosed me the hip condition and it is related to the training/activity in the military. They support my separation from the military services and I need surgery. The MO in my unit would not take it. I have given all my medical records to the MO who did not look at them before he put me for light duty and physical therapy. it looks like that is the end of it. I am facing field training soon; I can not do it because I can not run and it can cause further damage.


 


What can I do to protect my health from further damage? What would be the next higher level of medical personal I can report? Please help me. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

This is good news though, because now you can pursue a disability and on disability you get full benefits and pay based on the percentage of your disability.

You have to go to your unit or even division commander if the MO refuses to look at your medical records and recommend your disability discharge be initiated as you cannot actually request this discharge, it must be your command that makes the official request.
Customer: replied 1 year ago.

Pls direct this to PaulMJD


I would like to ask for your guidance on how to approach and talk to the unit or the division commander. You may need review a little about the history fro our previous communication.


 


I give the civilian doctor's notes about my condition and letters of support for me to separate me from marine duo to the training related medical condition, the MO. He did not look at them and returned they to me; sent me to physical therapy for at least 3 weeks, that I am doing now. My questions:


1. I know the PT is not going to help to my condition. Should I sill wait till the end of PT before I talk to the MO again and then the unit or division commander?


2. Should I go to the MO first after the PT is done before seeing the unit or division commander?


 

Expert:  Law Educator, Esq. replied 1 year ago.
1) You are going to have to give the PT a chance I am afraid in order to get the MO to consider the civilian doctor's notes and to use them to argue that your condition is not improving with PT. You will have to give the PT a chance to prove to them it will not work.

2) You need to cooperate with PT and have them document your progress before going to the unit commander with your civilian doctor's reports both from before and after PT to use that to prepare a letter to dispute the MO's opinion to the division commander.




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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91798
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you

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