Expert: Cynthia Bedell - 2/13/2008

Question
QUESTION: Maam I was seen by the orthopedic surgeon for my back today and given a physical exam for other issues pertaining to my back injury. During the exam he discovered that my left knee may require surgery and is also recommending steroid injections into my back at the place of injury. My knee, he first requested physical therapy first then reevaluate after six weeks. My physical therapy was extended another 3-4 weeks for my back injury also while I receive the steroid injections. My question is this can I be seperated/discharged while receiving all this treatment? The orthopedic surgeon asked me what my civilian job was I said manual labor/warehouseman and I had applied to the railroad. He said quote, with the problems I have know I probably will not be able to do that kind of work. If I get discharged and cannot be gainfully employed while I am under treatment what can I do then? Maam I have asked my squad leader about these issues and he told me that it is out of his hands and mine. I again asked my squad leader today about my discharge packet and he said the 1SGT said stand by. My family are stuck in a state of limbo I know this mess is my bed and I have to lay in it but it is leaving me know where to go and no answers. As to your question about prior art 15's and any prior disciplinary actions I have a completely clean record and several awards for service. Thanks for your guidance it is all the guidance I have right now. My chain of command is suck in this also.

ANSWER: Dear Joseph --

Please talk to your surgeon about your circumstances, especially if he is a military doctor.  I think you should be evaluated by a medical evaluation board, not discharged for misconduct.  He can recommend a delay of your discharge to complete your treatment.

Were you injured in combat?  

If not, did your unit do a "line of duty" investigation?  If your injuries were in line of duty, you should get medical care at the VA.  

You really need someone near you who is on your side and treating you fairly.  Usually that is your legal advisor, but you do not have one yet.

---------- FOLLOW-UP ----------

QUESTION: I was injured on a patrol my Humvee slammed into a ditch and I was slammed in the turret I was a gunner. I have LOD's for my back and my abdomen. My ortho surgeon is a civilian and my abdomen surgeon was a civilian also. I will try to speak with the surgeon again asap and explain. I am running out of options.

Answer
Joseph --

You should get a disability rating, and be covered by the VA for your injuries.  Keep all your LOD paperwork.

Work with your doctors to delay your discharge and force a disability board rather than a misconduct discharge.

It amazes me that your chain of command let you re-enlist and serve with a questionable 2-1, but now that you got injured in theater they want to throw you out without fair medical treatment.

I still recommend you find out the name of the GO who is the decision authority, and get on his calendar -- even if your WTU chain of command recommends against it.  Your WTU chain of command is not acting in your best interest.

You will have to be your own best advocate.