Ok here is my question... I have a sister who is only two weeks away from graduating from NAVY basic training... today she broke her foot and tore some ligaments in her foot while doing PT... the military is now saying that it was a preexisting condition and wont pay for her surgery and wont pay for the time shes been in basic and wont pay for any of the medical bills and wont treat her until its resolved... they tried to force her to sign something before reading it but she read it first and refused as it said that she agreed that she had a preexisting condition... we have retained a naval lawyer... what more can we do... they also wanna discharger her (and not pay for physical therapy or sergery or her inablilty to work for the next couple months).... if you have any suggestions please let me know what more I can do for my sister?
2007-02-26 15:40:31 · 8 answers · asked by izmebe 1 in Politics & Government ➔ Military
sorry about the double post guys but the last time i posed it I posted it under a really bad title... was complete accident
2007-02-26 15:41:27 · update #1
ty for asking that question I meant to say that before... the thing about all this preexisting stuff is that she has never had a broken bone in her body or had any feet problems ever... thats why I'm not understanding their logic in the preexisting condition tactic...
2007-02-26 15:49:43 · update #2
Did she have an injury sustained in that foot before joining the Navy? If she did, was it documented? If she didn't have the injury, then keep up with JAG and stay on top of this. Also see about contacting an outside attorney familiar with Military Law. I was medically discharged in Basic for the Army due to a pre-existing injury and it was a legal discharge. I did try to fight it as best I could, yet it was hard to do considering I had a 16 in titanium rod down my left femur. Good luck and I hope this gets straightened out!
2007-02-26 15:47:15 · answer #1 · answered by Erica R 2 · 0⤊ 0⤋
It is not that unusual for someone to get hurt in basic training or boot camp - it's very physically demanding and accidents can happen.
What normally happens in such a situation is that she is treated at the local base hospital and placed in a medical hold unit. If her injury can be reasonably rehabilitated, they may let her finish or repeat boot camp and move on to AIT. If it cannot be reasonably rehabilitated, they will discharge her and wish her a nice life.
If the second happens and she is discharged due to an injury in basic training / boot camp, she will not receive medical benefits and the military will not pay for further treatment because she is not considered a member of the armed forces as she has not completed (graduated) boot camp. If that is the case, and she has proof that this occurred in boot camp (she should keep a copy of all her medical paperwork, or ask for copies if she was not given her records), the VA may handle further treatment. At that point, she should go visit or phone the local VFW or American Legion post and ask them for the contact information for a VA representative. That person can help her get started with the VA.
2007-02-26 16:53:08 · answer #2 · answered by Abby K9 4 · 1⤊ 0⤋
For the fact that they signed her up, and she was able to make it to 2 weeks till graduation should create the arguement that she was good to go when she started.
Whether there was a previous condition.
There was an examination given to her before she entered her training. She past that, so again she was good to go.
Heres what I suggest...she work her chain of command if she wants to stayin.
If they all say she has to go, keepworking the chain even if she goes up to the admiral.
At same time write your congressman, or even the papers, and tell the unit that thats what they are forcing them todo.
Especially at this time, they do not want any negative publicity on how the military has been treating its soldiers.
You could try to consult with a cicilian attorney ..just see if he can argue a better case.
But I think its what the miitary does.
Says no at first, but when faced with persistence, usuallycaves
2007-02-26 15:53:09 · answer #3 · answered by writersbIock2006 5 · 1⤊ 1⤋
I hate to be a party pooper here....but your sister is NOT technically in the NAVY until she finishes bootcamp. I served in the U.S.Marines and my husband is in the Navy.....I have never heard of this kind of situation ! I knew a recruit who fractured an ankle in bootcamp.....she was treated for the fracture and sent to a holding squad ( where all the injured people go to recooperate ) if you have a reasonable chance of recovery....you join another platoon when you are better....if not then you are Discharged. You dont get any benefits ( this includes medical coverage ) unless you Graduate Basic Training......its a chance you take when you join up ! Somehow people always miss this part when they enlist !
2007-02-26 16:07:08 · answer #4 · answered by RedHairedTempest 3 · 1⤊ 0⤋
I am sure if she broke her foot doing pt that their doctors looked at x-rays to see if there was a weakness in her foot to cause it to break. Have a civilian doctor give a 2nd opinion.
During Ranger school, they have one of the toughest pt & during all of the training of 221 men the only 2 broken bones - 1 foot & 1 ankle came from paratrooping landings. It is rare for pt to cause a break. They paid them both for the training though. Maybe she misunderstood - they can release her but not refuse to pay.Good luck!
2007-02-26 16:28:40 · answer #5 · answered by Wolfpacker 6 · 1⤊ 0⤋
If there is no medical record of a pre-existing condition then take all these papers to your congressman. Also go over the officers head who is trying to stick it to your sister.
BUT first make darn sure your sister got the injury just the way you say, lying in this kind of case falls under the UCMJ and could get major hammered if purgery is involved!
2007-02-26 16:24:31 · answer #6 · answered by Anonymous · 0⤊ 1⤋
sounds like a bad break
she will be ok just keep telling the truth
and she will be acquitted
they probably have lots of people get hurt in basic
you say it happened today?
I think the rule is you have to be in 180 days before they assume that anything might not be due to a pre existing condition
it's probably just something they do for anything happening at basic.
2007-02-26 15:50:32 · answer #7 · answered by FOA 6 · 0⤊ 0⤋
Your sister is at wrong. She should become a stock broker.
2007-02-26 15:46:16 · answer #8 · answered by 911 2 · 0⤊ 5⤋