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Medical Discharge Regulations

What is a medical discharge and how would someone get a medical discharge? Those who are in the military can be discharged from the National Guard, Marines, Army or Military for many reasons. An active service member can be discharged from the military based on many medical concerns that come up during their course of service. They can be discharged also for a mental illness such as medical discharge for depression. Read below where Military Lawyers have provided legal answers to the top commonly asked questions relating to Medical Discharge.

How can someone get a medical discharge?

First they will need to schedule a visit with the military doctor, who is legally responsible to start the process of getting a medical discharge. They will also need to understand that some conditions such as missing a limb are obvious reasons for military medical discharge. Other diseases are not so obvious and many times this requires evaluation by an outside doctor. If the medical condition makes the service member unfit to perform their duties without unreasonable requirements, then they can be considered for medical discharge. They will also need to show the outside doctor all the documents providing the information required for medical disability. This can include past medical records to prove the claim of their current injury or illness that forbids performance of their required duties. They will also need to have their evidence reviewed by the Physical Evaluation Board, which is responsible for reviewing all the documents to decided to remain in the military. If the determination is for discharge, the percentage of benefits for disability will also be decided at that time.

Could someone be medically discharged because of ankle problems?

It will all depend on the cause of the problem. If this is a condition that can be treated and returned back to normal daily usage, then normally they will not be able to be discharged for this. But, if the condition cannot be treated, then they will be most likely discharged because of medical reasons. Also, if this condition was caused by the military service, they can be eligible for compensation from the Veterans Affairs (VA).

If someone was denied for medical discharge can they appeal the decision?

They cannot appeal the denial for medical discharge. Although, they can appeal if they feel the rate is too low, but they cannot appeal the decision made by the Medical Evaluation Board (MEB) or the decision not to discharge. That is the judgment the commander alone makes.

Can the VA stop someone’s military pay with 8 years of service even though it is permanent disability?

They are not able to receive both VA and military retirement. They will need to waive their military retirement dollar for dollar in order to receive the VA pension. Also, the VA pension is not taxed. With less than 20 years of service one person cannot draw both unless their injury was combat related.

If someone is supposed to get army medical discharge, and their sergeant is trying to block this by not signing the papers and bringing up Article 15 what can they do?

In this case the Sergeant has not authority, to block anything or even bring up the Article 15 charges. Only the commanding officer can do this. If they committed misconduct, then the commander can bring up the Article 15 charges. If this happens, they will be given the opportunity to talk to a lawyer and decide if they will accept the Article 15 or not.

Often times after a medical discharge has been set in place, or even trying to receive medical discharge, there are questions that often arise relating to medical discharge pension and military medical discharge pay. Talk to a Legal Expert today to receive fast and affordable answers.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11944
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Medical Discharge Questions

  • While in Vietnam, I was wounded. They left me in Vietnam, eventhough

    While in Vietnam, I was wounded. They left me in Vietnam, eventhough suffered with migrains from mortar blast. During my last two months I developed Edema, severe. Swelled up all over. Last month..12th in Nam, sent to Japan with it. The doctor said probably from sprays being used in Nam. Siad he'd send me to the states. From there I'd be medically discharged. That never happened. First day at Ft. Hood, swellled. went untreated. Left the Army 3 months early for school. And basically to get care for unknown swelling. I still get it but not as bad. Wasn't my condition something they neglected and should have had enough to Medically discharge me? They have never still today service connected it. I have a claim in again for it. I feel they didn't even care after being wounded and then keeping me in Vietnam to suffer more with face swelling.
  • Hello, I was severely injured during active duty training after

    Hello, I was severely injured during active duty training after 5 years 3 months in the Army National Guard and am now receiving 60% percent disability for the injuries, but am almost done with another claim after major neck surgery to be put at 100%. After the injuries (dislocated shoulder, herniated discs in neck)I was shipped home a left for dead basically lol. I received an honorable discharge notice in the mail without my signature or approval even though I had signed for 4 additional years when entering the officer candidate program where I was injured. Now, 14 years later, I have recently endured 2 major surgeries and am have realized that the Army basically robbed me of a medical discharge, which has limited my benefits (VA home loan , back pay). Is it possible to petition to change an honorable discharge to a medical discharge?
  • I was given a medical discharge (MEB) about a year and a half

    I was given a medical discharge (MEB) about a year and a half ago. However, my unit never complete paperwork for my sign-on bonus. I completed AIT, and spent a year at my unit. No one could answer my questions, or help me navigate the paperwork to obtain my sign on bonus while I was at my unit. No one could even tell me if I was still eligible for a sign on bonus. I was recently told by a friend of mine, a veteran, that I might still be entitled to the sign-on bonus since it was a medical discharge for an injury that occurred while on Active Duty status. So, I'm just wondering, am I still eligible to receive the sign on bonus, even though I have been out of the Army for over a year?
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