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  1. #1
    momofssll is offline Junior Member
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    Medical discharge? retirement?

    What is the name of your state?Not sure how I should have titled this, My husband is Active Duty E-6 11 and a half years in. He was hurt in November of this year, his neck was injured yet he has no strength in his arm or hand. After seeing all of the military docs, physical therapy, needles in his neck ect. He had surgery to fuse two disks that had ruptured, thru all of this he has been told he would get well in time, now he is being told he has nerve damage that they can not fix. After reading info here and other places, I have begun to get a little worried, can he truly be put put of the military with no medical benifits for our 5 children due to an injury occured doing his job? This injury will not allow him to do any job that he is trained to do. Can anyone give me any info on what to expect, and would he be medical discharged or retired?
  2. #2
    Crazed98 is offline Member
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    If he gets discharged for medical reasons he could be entiled to partial military pay and med benifits for the rest of his life dependsing on how he was injured (where and when) and if it was the doctors fault he didn't get better.
  3. #3
    momofssll is offline Junior Member
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    thankyou for your response he was injured during combatives in PT as to the docs being responisble they say he is just one of those unfixable cases he has had some improvement from surgery he can now move his neck ect. but the lost of strength and pain in the shoulder has not improved.
    Last edited by momofssll; 05-03-2005 at 03:17 PM.
  4. #4
    IrishLady47 is offline Member
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    Quote Originally Posted by Crazed98
    If he gets discharged for medical reasons he could be entiled to partial military pay and med benifits for the rest of his life dependsing on how he was injured (where and when) and if it was the doctors fault he didn't get better.
    Very misleading! The type of pay and benefits your husband will receive will depend upon the extent of his disability and the rating the Army assigns it. Has your husband undergone an Physical Evaluation Board (PEB) yet? Most of the Army's hospitals and medical centers have PEB Liaison Officers who can explain the process to your husband. You can also find information on AKO (Army Knowledge Online), if your husband is active duty, he has an AKO account. Search for US Army Physical Disability Agency, there is a lot of helpful information on there. If he is medically separated or retired, he may also be eligible for benefits from the Veteran's Adminstration. Go to [url]www.va.gov[/url].
  5. #5
    momofssll is offline Junior Member
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    thankyou for the reply irishlady no he has not done the peb yet, I have been doing alot of searches i have seen the possible list of pay ect, while that in its self is very scary my biggest concern is the medical benfit for our children, two of our children require on going medical asst. for health issues and with everything I have read, not only will we lose his pay and him unable to have a job with that same pay area, but to not have medicial insurance for our children, and him unable to care for ours as he can not even lift the younger two, I guess I am just worrying to early but from what I have read he MAY get medicial but no where have i found anything for the children, and from what I have read while he MAY recieve some compensation for having to leave the military and MAY recieve benfits from VA, there are alot of factors that can play into this and we were looking forward to another 9 years of military before we would need to face any of these issues.
  6. #6
    IrishLady47 is offline Member
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    If he receives a 30% rating, he will be placed on the temporary or permanent disability retired list (depends on the permanency of the medical condition). Either way, he will receive 50% of his basic pay as retired pay and both he and his dependents will remain eligible for medical benefits the same as any other military retiree and eligible family members.

    If he is rated at 20% or less, he will receive severance pay. He and family members can receive military medical benefits for 120 days after his separation date (since he has over 6 yrs of service, it's 60 days if a soldier has less than 6 yrs). So you will have time to make plans.

    With 5 children, you may be eligible for state or local medical assistance programs. At least until other medical insurance is found.
  7. #7
    momofssll is offline Junior Member
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    THankyou again irshlady, I had not seen the 120 days info. That does give me a little more hope. I am glad to see there are atleast a few things out there to help us thru this mess. Thankyou again.
  8. #8
    TLWE is offline Member
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    momofssll, I know I am really late getting to this thread...

    My husband ruptured a disk in a field exercise and had to have 2 surgeries. The second was a disk fusion. He was in his 12th year of AD. He was told that because he had less than 15 years in, he couldn't get a medical retirement and was given a medical discharge. The military gave him a 30% rating, and a severance pay. And that was the last paycheck we ever saw from the military. No more medical for my daughter and I after 120 days, just him. He filed all the paperwork with the VA, did all the follow up appointments and began receiving his disability within 4 months. (Though we do know of others where it has taken them 6 months to a year. They also sat around and waited for VA to contact them, my husband stayed on them about appointments, etc.) The VA gave him an 80% disability rating. The VA is where your percentages and pay really come into play.

    He went to work with his present employer shortly after his discharge. Your husband can still work with a VA disability rating, unless it is 100%. The VA told him there is a 100% rating where you can still work...but it is next to impossible to receive it. If your husband is able to work at a civilian job, you REALLY don't want the 100% rating...100% isn't enough for a family to live on if that is your only income.

    Also...if your husband receives a severance pay and then files and receives a VA disability rating through the VA, the severance pay becomes non-taxable. It is HUGE pain to get the tax money back, BUT worth the time and trouble.

    While my husband can receive full medical through the VA, our daughter and I do not receive any medical through them and can't unless he goes for 100% disability. The 100% disability pay is only a drop in the bucket compared to what he makes as a civilian...so that won't be happening any time soon.

    And yes, if your husband is classified as non-deployable, they can give him a med discharge and send him out the door. After your husband receives his VA rating...he will be eligible for their rehab program; and they will pay for him to go to college. (I can't for the life of me remember if that is dependent on what % he receives from the VA. IrishLady...do you know if it is?)
  9. #9
    momofssll is offline Junior Member
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    Talking

    Thankyou so much for your reply--- We are only in the beginning stages and are unsure what questions to ask and who to ask them too. You reply made my night-- my hubby read it and is finally a little worried. He has had this whole "The Army will take care of us" attitude, and to be honest, Im not so sure of that, he is no longer of any use to them so why would they? He has been on con. leave for 4 months and Im sure they wont extend it too many more times. thankyou again for your reply, and I was pretty late replying my self LOL.
  10. #10
    TLWE is offline Member
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    Quote Originally Posted by jamesr45
    If your husband gets medically discharged with his condition as serious as it sounds, take what you get from the Army, when they separate him go straight to a civilian neurologist get that M.D. to study his military medical records (by the way make sure you secure copies for yourself) and declare him 100% disabled, file a claim with the Veteran's Administration, if he is awarded the 100% disability which he should from the sounds of it.
    It makes NO difference in the world what a civilian doctor tells him. He HAS to be seen by VA docs to get his disability rating. They don't care what a civilian doc says.

    Quote Originally Posted by jamesr45
    You will receive from the V.A. $2,299. per month with another $300.00 for you, plus allowances for the children, I'm not sure what they are for the children. Both you and your husband can go to school on the GI bill, and receive those school allowances. Your husband, you and your children will be covered through the V.A. with medical coverage, with him being 100%. If he is 100% disabled when your children reach college age, the V.A. will also pay for their college. Someone spoke about the 100% pay being chicken feed, welcome to the new world order and the new world economy, $2,600. a month for one bread winner is not chump change today, this economy is getting worse by the day believe me.
    A family of 5 is supposed to live on that? Without 100% her husband can draw disability AND work if he is physically able OR he can draw the disability and go to college to learn a new profession. And having the medical coverage won't do them much good if they don't live near a VA hospital or military base. MOST civilian doctors don't take Tricare. That means you have to pay the bill in full then file for reimbursement.
  11. #11
    TLWE is offline Member
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    Quote Originally Posted by jamesr45
    TLWE: momfssll, this one doesn't offer much hope for you does he! First off you don't know what your talking about as far as the civilain M.D. goes, a V.A. M.D. does not trump a Civilian doctor and whoever told you that is full of it. And not only does he HAVE to get his disability rating from the VA and THEIR docs.
    First off, I am a SHE, not a HE. If you think a VA M.D. doesn't trump a civilian doctor when it comes to getting a VA disability rating, you are sadly mistaken.

    Quote Originally Posted by jamesr45
    What would you expect a man with his spine gone to do in civilian life, the same as he's being put out of the military for?
    Just because he is being discharged, doesn't automatically mean he is worthless employment wise. It can simply mean that he is now non-deployable...which makes him useless in the eye of the military. My husband ruptured a disk during a field training exercise. He had 2 back surgeries, the second was a fusion. He now has degenerative disk disease AND arthritis in his spine. In addition to the $1460 a month he receives for 80% disability, he makes over $200,000 a year as a logistics co-coordinator and training manager for a government contractor. Spinal injury DOES NOT automatically mean you have to sit on your a$$ and collect disability.

    Quote Originally Posted by jamesr45
    This family has been living by or on a military base for the past 11 years so what's the problem; It shouldn't be hard for them to continue. This family is in crises, when a disability occurs it is a crises situation, and there has to be adjustments made, Why, in case you missed it, he is now disabled and being put out of the military, he is disabled!
    I didn't miss that her husband is disabled, he is going through the SAME thing my husband and did, and I am offering the TRUTH.

    Quote Originally Posted by jamesr45
    I'm attempting to make some suggestions in support of their situation. He can possibly work full time and draw 100% disability from the Veterans Administration, Vets do it all the time. Example: Max Cleland 100% disabled vet. was U.S. Senator from Georgia, his disabilities are physical also.
    She isn't here for a hug, she is here for cold, hard facts on what to expect and what steps to take. YES, some are able to get 100% disability AND work, but it isn't easy to get that.

    OHHHHHHHH, but what do I know? I have a family full of Veteran's, my husband is a disabled Veteran, my uncle is on the board of the Bayou-Gulf States Chapter of Paralyzed Veteran's of America. I don't sit and type answers because I have nothing else to do with my life. I give FACTS.
  12. #12
    momofssll is offline Junior Member
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    UMMMMMM Not sure how to reply here--- Thanx for the replys???? My hubby has been with a civ. doctor from the begining we are near post, but I wanted him to see a nero surg. so with tri-care aproval he has been with him for the past 5 months. He will move onto the military side of things now. As to the rest of the replys thankyou all for your view I know thant everyone has different views based on there own thoughts or past historys'. And TWLE I know weve talked before and it is great to have someone here that has been thru these steps before.. Thankyou both again for your replies
  13. #13
    TLWE is offline Member
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    You're welcome. If your post or VA doesn't have docs that can handle your husbands injury, Tricare will pay for him to see a civilian doc. But when it comes down to the disability rating, it will go before a VA review board. They will make the decision on his disability rating. Civilian docs can give a diagnosis, but they have no say in what the VA determines for the disability rating.
  14. #14
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by TLWE
    First off, I am a SHE, not a HE. If you think a VA M.D. doesn't trump a civilian doctor when it comes to getting a VA disability rating, you are sadly mistaken.



    Just because he is being discharged, doesn't automatically mean he is worthless employment wise. It can simply mean that he is now non-deployable...which makes him useless in the eye of the military. My husband ruptured a disk during a field training exercise. He had 2 back surgeries, the second was a fusion. He now has degenerative disk disease AND arthritis in his spine. In addition to the $1460 a month he receives for 80% disability, he makes over $200,000 a year as a logistics co-coordinator and training manager for a government contractor. Spinal injury DOES NOT automatically mean you have to sit on your a$$ and collect disability.



    I didn't miss that her husband is disabled, he is going through the SAME thing my husband and did, and I am offering the TRUTH.



    She isn't here for a hug, she is here for cold, hard facts on what to expect and what steps to take. YES, some are able to get 100% disability AND work, but it isn't easy to get that.

    OHHHHHHHH, but what do I know? I have a family full of Veteran's, my husband is a disabled Veteran, my uncle is on the board of the Bayou-Gulf States Chapter of Paralyzed Veteran's of America. I don't sit and type answers because I have nothing else to do with my life. I give FACTS.
    Don't worry, James there is trying to collect and prove a disability 38 yers after the fact, making all these claims when he came here with questions and no knowledge at all. Most about which he speaks is something he dreams up and telling others with non service related injuries that they can get VA disability. The only way they may take a civilian MD over VA is if they are the Tricare provider for a speciality that VA doesn't cover and it is service related. They may diagnoise something pre-existing during military service, it doesn't make it service related. He is just full of _ _it!
  15. #15
    TLWE is offline Member
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    Quote Originally Posted by jamesr45
    TLWE: Please excuse me momofssll, but this "sister" evidently thinks she knows it all, just because her husband served, and uncle sits on a board; Sad she didn't serve perhaps she may truly understand some things about the military and Veterans. I know for a fact that a V.A. doctor's diagnosis, does not out-weigh a civilain doctor, your talking out of school on this one. You need to consult with your uncle on that, if he is what you say he is, he can set you straight. Don' try to make someone believe you already have! As far as the military goes don't even try to school me on the military; I spent more than a few years in service myself, my uncles, aunt's, brother's, brother-in-law's, nephew, niece's, 1st, cousin's have served in every major military campaign in every branch of the military, except the Coast Guard, from WW II through present day Iraq, my brother was killed in service, my niece just came out of Baghdad in Janurary 2004, she was in Baghdad before Jessica Lynch was captured. I could go on with military service all night, but you wouldn't fully understand, just because your husband served, does not give you the true understanding, my wife was with me when I served also, she doesn't fully understand either. You had to be there sister. I'm trying to give this family some option when the military cuts him loose with next to nothing thank you, and I know that's what they will do, more likely than not. I know that a civilian doctor has no say in the rating system, however his word of total disability, means exactly that. And it has just as much weight as any V.A. M.D. It sounds like you're suggesting that he will get out with a medical disabilty and start making near an executives salary? I have attempted to make some realistic suggestions, for a family in crises, not giving false hope.
    I'm not going to waste my time arguing with you over a process that I went through every step of the way with my husband. Thank God my uncle is who I say he is, his help with the VA process was invaluable. I am very well aware that the military will cut him loose with next to nothing; which is why I gave her VA advice.

    I am not going to get into a pissing contest with you over whose family served the best in the military. My family is full of military and I am proud of each and everyone of them.

    I was not suggesting that everyone who gets out on a med discharge can start a new career with a great salary...I AM saying that a med discharge doesn't necessarily mean that he HAS to take 100% and their family live in poverty.

    Quote Originally Posted by jamesr45
    As far as the military goes don't even try to school me on the military.
    Yeah, you KNOW so much you posted this? Good thing for other posters that someone (such as yourself) so well versed with how military and VA disability works is offering advice.

    Quote Originally Posted by jamesr45
    What is the name of your state? Florida
    I filed for a service connected disability before leaving active duty military in Janurary 1968, I was seperated from active duty in Feburary 1968, The veterans administration denied my claim after I was seperated. Was I under military law when I filed as active military, should the military have determined my claim, was it legal for the military to pass it on to the veterans administration? I was offered no options by the military at the time. Would this situation give me grounds for a (CUE)clear and unmistakable error with the board of veterans appeals, if my appeal for service connected disability is denied, or remanded.
    I don't have time to waste on someone who doesn't have a clue about his own med discharge and VA problems trying to give advice to someone else.

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