My husband who has served in the military for 16+ years was in school for an IA mission and had to be hospitalized for severe stomach pains. In their evaluations, they discovered my husband has lupus anticoagulant. They ran another test to verify, and indeed he does have it. The doctors will no longer allow him to deploy and now they want him to be seen by specialists and start some medications as his case is considered serious. Would the Navy medically discharge him for something like this? Can he ask for a medical discharge if the medications continue to cause him extreme discomfort?
State/Country relating to question: Florida
Thanks for the chance to assist Would the Navy medically Discharge him for something like this? Can he ask for a Medical Discharge if the medications continue to cause him extreme discomfort?Can they discharge him? Sure. If he has a medical condition that limits his service the Navy can certainly discharge him. The real question is what has caused this condition? IF it was caused or aggravated by his service, then he could be retired medically or at least given severance at discharge. But if this condition was not caused by his service but was "pre existing" its possible he could be separated and not eligible for a pension. At 16+ years that is a significant concern.HE should work with medical to see their take on this...is it related to his service. Here is a very good overview of the processhttp://usmilitary.about.com/od/theorderlyroom/a/medseparation.htmSo yes...he can ask for a discharge.. but he wants to make sure if its granted he will be retired medically.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).