Have Military Law Questions? Ask a Military Lawyer.
You can seek a medical discharge under Army Regulation 40–501, which I shall post the relevant section below.
However, let me provide you with information on the process as I have shared with other seeking medical discharge.
Medical Disability StatusStep 1
Schedule a visit with the military doctor, who is legally entitled to start the process of getting a medical discharge. A complete medical evaluation will be performed. The results will then be processed through the disability evaluation system that is set in place to review each request.Step 2
Realize that some conditions, such as a missing limb, is an obvious qualifier for initiating the process to qualify for a military medical discharge. Other disease processes are not so obvious and sometimes require initiation by a civilian doctor.Step 3
Evaluate any condition in relation to the safety and well-being of the service member and the other members. If the medical condition makes the member unfit to perform her duties without imposing unreasonable requirements on other members, she is a candidate for a military medical discharge.Step 4
Be on active duty and entitled to basic pay when the medical condition was incurred in order to get the benefits of a medical military discharge.Step 5
Provide a civilian doctor with the appropriate documents outlining the specific information required to initiate a request for medical disability. This may include past medical records to substantiate the claim of present injury or exacerbation of an injury or illness that prohibits performance of required duties.Step 6
Realize the service member cannot apply for disability discharge. The request must be made by either a medical officer or the service member's commanding officer with a full explanation of the illness.Step 7
Consider the Medical Evaluation Board the first step. Once the Board determines there is enough evidence to support a consideration of medical discharge, the case is referred to the Physical Evaluation Board.Step 8
Have your evidence reviewed by the Physical Evaluation Board, which is responsible for assessing all documented evidence to determine fitness to remain in the military. If the determination is for discharge, the percentage of benefits for disability will also be determined
Army Regulation 40–501
2–23. Lungs, chest wall, pleura, and mediastinum
-d. Asthma (493), including reactive airway disease, exercise-induced bronchospasm or asthmatic bronchitis, reliablydiagnosed and symptomatic after the 13th birthday, is disqualifying. Reliable diagnostic criteria may include any of thefollowing elements: substantiated history of cough, wheeze, chest tightness, and/or dyspnea that persists or recurs overa prolonged period of time, generally more than 12 months.e. Current bronchitis (490), acute or chronic, symptoms over 3 months occurring at least twice a year (491), isdisqualifying.f. Current or history of bronchiectasis (494) is disqualifying.
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).