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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18790
Experience:  Lawyer and current JAG officer.
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My son went into the marines in march 2012 during basic training

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My son went into the marines in march 2012 during basic training got a hernia.
finished basic training and when he went back after his ten day leave they told him he had to have surgery. he had surgery aug 2012 and he is still out with pain going down his leg,pain when he climbs stairs and he has discomfort when he sleeps.
They have been doing physical therapy that has not worked. they say there may be nerve damage that could go away with time.
just the other day they told him that they are giving him a CND condition not disability discharge. my concern is that this may need to be operated on again and they are trying to wash there hands of the problem.
Is there anything that we can do to protect him if this never heals.
Any help would be appreciated

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.


Because the injury occurred while he was in the service, it is service-connected. So, the military can't truly wash its hands of him.


He can always file with the VA for medical treatment due to service connection and, if is does not heal, he can file for disability from the VA as well.


In truth, the VA disability ratings tend to be higher than a military board disability discharge anyway, so it's probably the better result here.

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