Expert: Cynthia Bedell - 7/2/2008

Question
My son joined the marines back in October of 2006.  He is stationed in N.C. He works in the armory department and has not had to go on duty due to his back.  He has some pretty bad back issues, which really began in bootcamp. He didn't really want to say anything because he didn't want it to delay his graduation. They have done extensive tests, and have found 5 different things wrong.  They are telling him they are medically discharging him.  He was told he would not receive any medical benefits or schooling or anything.  Doesn't he have the right to receive these things since his back was injured while in the marines?  When they did his physical when he first joined they didn't document he had scoliosis(spelling)  although he told them he did.  I appreciate your time.  What is the best way to go about this?  Thanks, Kathy

Answer
Dear Kathy --

Unfortunately, if the Marine doctors can show your son had scoliosis before he enlisted, and knew about it, but did not disclose it on his medical history form, and receive a waiver for it, then the military does not owe him medical benefits because it was a pre-existing condition.  His failure to disclose on his medical history form is considered fraudulent enlistment, and is actually punishable by fines and jail time.  Verbal disclosure is not sufficient.  Your son should have annotated all his scolisis medical history on his medical history forms prior to his Military Entry Point Station (MEPS) physical exam.

If he had reported his condition, and received a waiver, the Marines would be responsible for any additional damage that military training and service caused.  However, because he did not disclose and get a waiver, he is responsible for misrepresenting his condition.

I am sorry the news is not better.  However, if he ensures he gets an honorable discharge, he can apply to the Veterans Administration (VA) for disability determination, and rehabilitation and job training.

Good luck to you both.