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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19176
Experience:  Lawyer and current JAG officer.
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My son fell 43ft from a rappelling tower because there was

Customer Question

My son fell 43ft from a rappelling tower because there was not a belay man present to man the safety line. He fractured his L2 vertebrae in his back and is in a brace. This happened in the last week of basic , they said they were going to pass him through basic but he can no longer continue on to tanker school and are considering a medical discharge. Will he get any type of compensation after discharge for this accident?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year 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. In this sort of situation, they would most likely medically separate him but then allow him to use the medical records to file for VA disability, which is really the best method of receiving compensation for injuries that are service connected, which this is. He can't sue otherwise, under any sort of negligence theory, based on the Feres Doctrine which is a Supreme Court case that disallows personal injury suits by military members based on their military service. His entire recourse is through the VA disability process. 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 1 year 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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