Wilmington, NC asked in Military Law for North Carolina

Q: I was discharged in 2008 with a medical discharge and 10% rating. My first claim I went to 40%

In under two years of being discharged I was and still am 90 P/T and unemployable. Do I qualify for a medical retirement?

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1 Lawyer Answer
James L. Arrasmith
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A: It's important to understand that medical retirement from the military and VA disability compensation are separate matters. Medical retirement typically applies to service members who are found unfit for duty due to a medical condition, and it often depends on the length of service and the severity of the medical condition.

Since you were discharged in 2008 with a 10% rating and later achieved a 90% disability rating, it indicates a significant change in your medical condition. However, being rated at 90% by the VA for disability compensation does not automatically qualify you for medical retirement.

The key factor in medical retirement is whether the medical condition that led to your discharge was deemed to render you unfit for continued military service. If this was the case, and your medical condition has worsened, you might have a case for re-evaluation.

You should consider consulting with a legal professional who has expertise in military law and VA benefits. They can provide personalized advice based on the specifics of your case and guide you through the process of seeking a re-evaluation for medical retirement. Remember, each case is unique, and the regulations governing military discharges and retirement are complex.

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