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?
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.
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.
