Legal Question in Military Law in North Carolina

my husband is being chapter-ed out and he was just put in for the med board by his neurologist, is there anything he can do to stay in and continue to get the care he deserves?

Asked on 3/13/11, 4:31 pm

2 Answers from Attorneys

Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law
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Generally speaking, its not an easy thing to do. But I'd need to know more in order to better access the situation. Feel free to contact my office. I offer initial telephone consultations free of charge. And if we can agree upon a day and time, I'd be happy to initiate the call in order to save you in long-distance charges.

202/558-6371

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Answered on 3/13/11, 8:00 pm
William J. Holmes Attorney at Military Law
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The first thing he needs to do is to fight the chapter proceedings. Why are they discharging him? If he is eligible for one, he should demand an administrative discharge board to fight the proposed discharge. Without knowing all the details, it is hard to say for sure but as a general rule, if he is chaptered out the medical board will not proceed and he will not be treated or compensated for any injuries or conditions. Depending on the type of discharge, he may not even be eligible for VA benefits. That is why it is important to stop or delay any chapter action.

I hope this has answered your questions. Please feel free to contact me directly if you have any additional questions or if I can be of any further assistance.

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Answered on 3/15/11, 8:04 am

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