Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am 240% disabled, service connected, purposes and

Customer Question
I am 240% disabled, service...
I am 240% disabled, service connected, for VA purposes and receiving a VA pension. I was a 06 in the Army Medical Corps. In 1988 I developed quadriparesis with brief intermittent episodes of quadriplegia from a severe neck injury while training in Germany. 5 cervical lamina were removed. This operation helped, but quadriparesis remained clinically and by muscle testing. The Army initiated a disability discharge. Gulf war I started and I was informed that I was needed there. During that war I received a commendation metal. Next, I was sent to Fitzsimons Medical Center from there I was sent to Fort Sam Houston where I slipped and fractured a hip. It did not heal so the hip was replaced by a prosthesis. When my enlistment was up in 1994. The commanding general told me that I was completely disabled, but I was denied a disability discharge. Do I have a chance to get a disability pension.
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 8 minutes by:
2/9/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,632
Experience: Lawyer and current JAG officer.
Verified

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.

You can certainly try, but you have a few issues to contend with here. First, you have known that you didn't get a disability discharge for many years now. The Board that can make this change, the military records corrections board, applies a "3 year rule" to their reviews. Technically, they could dismiss your request based on your having known about this issue longer than 3 years. They frequently waive this rule in the interest of justice, but that's hit or miss and something you have to prepared to deal with here.

Second, even if you win the disability discharge, chances are that all of it would have to waived anyway to get your VA disability. Certain types of military retirement and disability payments can be received concurrently. For instance, a regular 20 year retirement can be received simultaneously with VA disability (if the disability rating his higher than 50%). However, you would not have a regular retirement. Your retirement would be a disability retirement and only those people who are receiving retirement for a reason other than solely based on disability can get concurrent payment of disability and retirement.

The point is that you might end up going through the through of filing the DD Form 149, spend a year fighting that issue, win and yet still end up no better off than your current financial situation.

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.

Ask Your Own Military Law Question
Customer reply replied 2 years ago
I traveled to Washington from Denver twice to the appear before the disability board who informed me that it was useless for a physician or a general to try to get a disability pension as long as I could make a phone call. In spite, of the fact I had been informed twice that I was completely disabled by military authorities. Later, I learned that after 1989 the so called General Curtis LeMay law was enacted. I doubt that that law is entirely legal, and I have been advised that it was likely to be rescinded. I do not know how to discover whether it has been rescinded.
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

I don't see that that law, even if it were still in place, would have anything to do with the question here.

The point still stands. Obtaining a disability retirement is a legally pointless exercise if you have to end up waiving it to receive the VA disability which you have referred to here several times. You aren't allowed to receive both a disability retirement paycheck and a VA disability retirement paycheck at the same time. One cancels out the other.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 2 years 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.

Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,632
20,632 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

15,273 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

20,632 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
Is the General Curtis lemay Law still in effect? This is the
Is the General Curtis lemay Law still in effect? This is the law passed just after a military doctor declared the general completely disabled on his last day in the military service. I am a retired ar… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I need to find out when the military and the VA were given a
I need to find out when the military and the VA were given a diagnostic code for fibromyalgia. I am having a dispute with the VA about how long I have had fibromyalgia. I believe it was in the spring … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
My daughter started basic training February 10 2015 she was
My daughter started basic training February 10 2015 she was sent to Fort Leonard Wood. During basic training she was injured but was not allowed to heal her injuries properly. she completed all of her… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,632 satisfied customers
Paul, My name is***** was discharged from the Army
Hi Paul, My name is***** was discharged from the Army in Feb 1995 with medical condition (in-toeing) that preexisted service but was not noted on the entrance exam. I wanted to stay in the Army, but a… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am a reserve soldier with a hip fracture. I was injured in
I am a reserve soldier with a hip fracture. I was injured in AIT and placed on crutches a 10 days before graduation. I was allowed to graduate and leave on crutches. I still had appointments, unlike o… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
How can you stop a military medical board process and provide
How can you stop a military medical board process and provide a soldier with appropriate healing time to have a fair opportunity to return to active duty? BACKGROUND: I proudly joined the Army this ye… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son is currently in PTRP (Physical Therapy Rehabilitation
My son is currently in PTRP (Physical Therapy Rehabilitation Program) at Fort Jackson. He developed stress fractures in his hips about a month into BCT. He was sent home for a total of 60 days convale… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,632 satisfied customers
I was a member of the National Guard for six years. I was
I was a member of the National Guard for six years. I was active duty for Basic Training, and five months subsequent. Period was Sept. 1963 to Sept 1969. I attended monthly meeting and two weeks Summe… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
HI I GOT DRAFTED IN 1967 AND JOINED THE ARMY RESERVE. DID BASIC
HI I GOT DRAFTED IN 1967 AND JOINED THE ARMY RESERVE. DID BASIC AT FORT POLK AND GOT A RASH . I FINISHED BASIC AND AIT AT FORT SAM. MY COMMANDER ASKED FOR A MEDICAL BOARD AT LETTERMAN GENERAL HOSPITAL… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Is it illegal for a retired military veteran to claim he was
Is it illegal for a retired military veteran to claim he was a decorated veteran of the Vietnam War. He was in Vietnam (from 1969 to 1971 but only taught English to the locals, he also is claiming he … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My stepdaughter joined the army nearly 2 1/2 years ago. She
My stepdaughter joined the army nearly 2 1/2 years ago. She was stationed at Fort Lenardwood in MO. She was given a temporary medical discharge due to stress fractures in her hips and wrists. She has … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I was discharged from the Navy (during the Gulf War, 1994)
I was discharged from the Navy (during the Gulf War, 1994) after serving over one year of duty (less than two) during the Gulf War with a General under Honorable Conditions. Am I eligible for the VA L… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
The VA stopped my medical discharge pay because i am receiving
The VA stopped my medical discharge pay because i am receiving VA pension for my injury. can they stop my military pay rven though it is a perminent disability.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am a 100% disabled Army veteran with 26 total years of service
I am a 100% disabled Army veteran with 26 total years of service (15 active, 11 reserve). I was honorable discharged after my 15 years of active duty because of my disablities, several were Gulf War i… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
1988 I was on active duty US Army I was an E-7 @ Ft Leonard
1988 I was on active duty US Army I was an E-7 @ Ft Leonard Wood, Mo. I was injured on my way home . I spent more then 60days in the hosp. with a skull fracture andother injuries. I never got a medica… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
my son was hurt in ait,he tore 5 muscles in a hip. now they
my son was hurt in ait,he tore 5 muscles in a hip. now they are wanting to discharge him with the option to enlist back in 6 months. what are his options? will he get pay?what will he get if the muscl… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Dear Mr. Simmons, My Fiancee is currently in BCT for the
Dear Mr. Simmons, My Fiancee is currently in BCT for the Army National Guard here on Fort Jackson, and just finished Red Phase, and is set to Graduate on April 24. Before she left for Basic Training, … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My daughter enlisted in the army in late Aug 2008. She was
My daughter enlisted in the army in late Aug 2008. She was injured in BCT and has been in rehab ever since. She is now thinking she will be given a medical discharge. What will her benefits, if any, i… read more
linehanpc
linehanpc
Attorney
Doctoral Degree
42 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x