Legal Question in Military Law in Pennsylvania

I need help on my military seperation . I am going thru a peb unfit for duty seperation. Why did I not get a LOD because i got hurt doing a physcial training test. I am in the PA National Guaard at Fort Indiantown Gap at Annville,Pennsylvania. Been there since 1989 as a military tech..


Asked on 8/23/12, 8:33 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

Normally an LOD is required to be done. I assume one was not done in this case because it was obvious that this was in the line of duty since it occurred while doing your PT test. The fact that you are pending a PEB indicates that they acknowledge that it was incurred in the line of duty. If this assumption is correct, the only issues remaining are whether your injuries render you unfit for further duty and the appropriate percentage of disability you should be entitled to. The military has a history of "low-balling" disability ratings so make sure you consult with counsel before you sign or agree to anything. The magic number is 30%. Anything below that will result in a medical discharge and severance pay. 30% or higher will result in a medical retirement with all of the benefits for the rest of your life. This is certainly something to fight for.

Please feel free to contact me directly at [email protected] or 757-420-9321 if you have any other questions.

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Answered on 8/24/12, 6:52 am


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