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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27111
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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i need shoulder surgery but i am in the army national guard

Customer Question

i need shoulder surgery but i am in the army national guard and the surgery isnt orthoscopic, they have to cut open my shoulder and it might take years to recover fully, is my military career in jeopardy if i get this surgery? and is it still if i dont?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

That depends...is the condition limiting you ability to perform you duties?
Customer: replied 1 year ago.
Yes it is my shoulder frequently dislocates
Expert:  P. Simmons replied 1 year ago.
THank you

If this condition limits your ability to perform your duties, and it is expected to last for one year or more? That is a basis to separate.

SO you ask a good question...what if you refuse to have it treated surgically...can that impact your career.

The answer is yes...if your condition limits your ability to serve, they can separate you for that. Period.

If they operate and can not fix it? That can have the same result.

Customer: replied 1 year ago.

ok thank you for your help, thats what i feared but its good to at least know instead of being left in the dark about it

Expert:  P. Simmons replied 1 year ago.
YOu bet....sorry I did not have better news.

On a positive note, if you are discharged, you can, and should, apply for VA benefits...since it is possible you will rate them.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27111
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

i have one more question, my civilian doctor called me back and i am set for an appointment with him and his partner to discuss my options for surgery or no surgery, my question is since i am dealing with a civilian doctor and i am in the national guard how would i start the process for a medical discharge if worse comes to worse, will my civilian doctor initiate it or do i have to see a military doctor to get the surgery approved?

Expert:  P. Simmons replied 1 year ago.
Sorry for the delay.

Your best way to initiate would be to request this to your commander, through your chain of command.

A letter from your civilian doctor can help your commander understand.

But the commander will initiate the process.

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P. Simmons
P. Simmons
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.