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
PREMIUM
Answered
  • 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 https://www.benefits.va.gov/Compensation 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.