Legal Question in Military Law in Georgia

Medical retirement

I'm going before the medical board at the VA. If I am considered 90% disable can I refuse to take the rating so I can stay in to complete my time in grade in order to retire with that rank? Can I be retired in my current rank and recieve my retirement pay at that rank at age 60? What would be your best advice for me in this matter? I suffer but prehaps can do three more years.


Asked on 9/02/08, 10:51 pm

2 Answers from Attorneys

Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Medical retirement

The facts that you have presented don't seem to be consistent. Do you mean a medical Board before the military not the VA? I'd need more information to better assess the situation.

I offer initial consultations, free of charge. If we agree upon a time, I'd be happy to initiate the call for the conference in order to save you in long-distance charges.

Let me know.

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Answered on 9/03/08, 6:49 am
William J. Holmes Attorney at Military Law

Re: Medical retirement

If you are 90% disabled, you will not be allowed to remain on active duty. There are two questions which a medical board has to answer. The first is are you fit for full duty? If you are fit, the board ends and you remain on active duty. If you are not fit for duty, then they determine your level of disability. Anything less than 30% and you will be separated with severance pay. More than 30% and you will be medically retired. If your disability is at 90%, you will be medically retired with a pension and lifetime benefits.

The medical board process is often difficult and you need to consult with an attorney during the process. Many times, the service will try to reduce your disability level to avoid having to pay the retirement. You need to make sure that you are treated correctly and receive the appropriate determination.

I hope this has helped. Please feel free to contact me if you have any further questions.

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Answered on 9/03/08, 9:59 am


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