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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18810
Experience:  Lawyer and current JAG officer.
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I was discharged from active duty with multiple injuries.

Customer Question

I was discharged from active duty with multiple injuries. The Department of Veterans Affairs determined that I was 80% and I had 1 (one) surgery per year for 4 years. Should the Navy/Marine Corp, sent me to a medical discharge or medical retirement evaluation board?
Submitted: 9 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

This is always a difficult question because the they have quite a bit of discretion in those determinations. There isn't any absolute requirement to process a medical retirement or discharge which they have other methods of separation. If you've attempted the board of corrections already, with no success, there isn't any other method of trying to correct the issue. That is the only entity that could correct it.

Additionally, you have to question what the purpose of trying to establish that now would be. You can't get medical retirement and VA disability at the same time (only a full 20 year retirement can be received concurrently with VA disability), so you'd get no double disability pay for that time frame. At best, ***** ***** talking about back pay for the time frame from the discharge until you finally obtained your VA disability rating. That may be significant or not, I don't know your situation.

But again, the determination to send someone to such an evaluation board is discretionary. It certainly would have been appropriate under the facts, but not mandatory.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 9 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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