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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 115464
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I do have a question.I'm weighing my options between medically re

Customer Question

I do have a question.
I'm weighing my options between medically retiring or getting out in a year. I have a hip injury from boot camp, stress fracture, and ever since the injury my hips have always had a problem with them. I've had severe tedonitous for about a year now i've done physical therapy and nothing helped. I've gotten injections and the pain would just come right back. I know I'm unable to preform a good CFT and PFT for this reason. I have a year left on contract. Should I just wait it out or get out now?
Submitted: 1 year ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question I look forward to working with you to provide you the information you are seeking for educational purposes only.
In general, if you can drag out the matter until you are eligible for the regular out, you would likely end up better. If you can hold out to your normal retirement you could also get your disability retirement and you'll get a DVA disability rating as well and that way you may likely collect your retirement and your disability and maybe even SSDI (if its severe enough to consider you disabled). So holding out if possible allows you to collect more in benefit.
Customer: replied 1 year ago.
It wouldn't necessarily be a retirement.. I've only been in three years so I don't think I'd get paid for getting out..a lot of my SNCOs are saying it'll be more beneficial to medically retire and get paid for it, then just getting out and claiming VA. So even if I wait for another year, will I get paid for getting out? And if I choose to get out medically will it take a longer than when my EAS is? September 2016.
Expert:  Law Educator, Esq. replied 1 year ago.
Okay, thank you for clarifying your situation.
So if you can squeeze out the other year and have a separation bonus, you will get both disability and the separation bonus. Medical separation can take about 6-9 months so even applying now, it would likely take time and run you close to your separation date anyhow.

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