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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.
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