Atlanta, GA asked in Personal Injury, Military Law and Social Security for Georgia

Q: What rights does my daughter have if injured during Army BCT (Georgia NG)? NG is trying to discharge her.

My daughter was injured last summer, 3 days from Army BCT graduation. She suffered 3 hip/pelvic fractures, was sent home to REFRAD. She was scheduled to go back this week and the CT scan showed that one fracture is still not healed. We are waiting to get more details from the specialist. Her RSP Sgt. is requesting to discharge her because she has not finished her training. She technically has until June 2020 (2 years). She isn't sure what she wants to do, but we need to find out her rights. We kept good records and this is very sad. Can she receive any disability/VA benefits? Any help and direction you can provide is greatly appreciated. Thank you.

1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
  • Military Law Lawyer
  • Brentwood, TN

A: As far as her rights to continue her basic training, that is a question for her RSP leadership and not really a legal question. If she has until June 2020 to finish her basic training then her leadership should do the right thing and give her more time to heal before going back. However, they may not have school slots for the dates she would need or other reasons that would force them to discharge her.

I am under the impression that based on these facts she may qualify for VA disability benefits. See for more details. Basic Training is considered active duty time. Her injuries occurred during active duty and fractures that occur during basic training are service connected. She should ensure that her final physical examination notes that one fracture is still not healed and she should report any other problems she may have to her doctors. Medical records that show the injury and show it getting worse over time may lead to an increased rating % in the future. VA disability is awarded in 10% increments per issue.

Good luck, and say thank you to your daughter for her service.

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