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Court Orders Navy to Review Medical Discharges of Thousands of Marines and Sailors

A recent court ruling could have a major impact on the lives of thousands of Sailors and Marines who were medically discharged from the Navy. On September 29th, U.S. District Court Judge Royce Lamberth ruled that a policy used by the Navy to help expedite its disability evaluation system was unlawful. This means that Sailors and Marines who were medically discharged, rather than retired, may be eligible for a review of their cases.

This is good news for the Sailors and Marines who were wrongfully discharged under this policy. If you or someone you know was affected by this policy, read on for more information about this ruling and how it may affect you.

Medical Discharge Vs Medical Retirement

There are a number of reasons why a service member may be medically discharged or retired from the military. In some cases, it is due to an injury or illness that occurred while on active duty. In other cases, it may be due to a pre-existing condition that was exacerbated by military service. 

If you were medically discharged, you likely received a lump sum disability severance, but you did not receive full health benefits or ongoing pay. Medical retirement, on the other hand, allows a service member to leave the military with retirement pay as well as disability compensation and access to many Defense Department benefits. 

This policy found to be unlawful barred Physical Evaluation Boards (PEBs) from taking into account any medical conditions that were not specifically listed by the Medical Evaluation Board (MEBs). The policy, put into place in 2016 but rescinded in 2018, was intended to streamline the process of determining whether a service member could remain in the military or be discharged for medical reasons. However, it had the effect of preventing many service members from being able to receive the benefits they deserved.

Under the old policy, PEBs were only allowed to consider medical conditions that were specifically enumerated by a Medical Evaluation Board. This meant that many service members with conditions that were not on the list were effectively barred from being considered for medical retirement benefits. In some cases, service members were discharged from the military without any benefits at all.

What does this ruling mean?

The court ruled that this policy was unlawful and ordered the Navy has review the cases of at least 3,700 Sailors and Marines who were discharged between Sept. 12, 2016 and June 11, 2018. The review will look at whether or not the service member should have been given a medical retirement instead of a medical discharge. This is important because a medical retirement allows the service member to keep their benefits and receive lifelong pay, whereas a medical discharge does not.

What happens next?

“We are thrilled that the Court has invalidated the unjust ‘Properly Referred’ policy. We are hopeful that the Court’s ruling will bring long overdue relief to the thousands of Sailors and Marines who were wrongfully denied disability retirement as a result of this illegal policy,” – Esther Leibfarth, Senior Staff Attorney at NVLSP

The judge’s order requires the Navy to review all cases of Sailors and Marines who were medically discharged between 2011 and 2015. The military will have to provide written justification for each discharge and former Sailors and Marines will be given an opportunity to appeal their case.

Under the new ruling, PEBs must now consider all medical conditions when making their evaluations. This is good news for service members who have been left in limbo by the previous policy. If you have been affected by this issue, please reach out to an attorney experienced in military law.

It’s time to get justice if you were affected!

Thousands of Sailors and Marines who were wrongfully discharged may finally get the benefits and justice they deserve. If you or someone you know may have been impacted by the court’s ruling, we invite you to contact King Military Law.

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Jess SackettJess Sackett
20:19 15 Sep 23
Mr King recently defended my daughter for misconduct. His defense ended with a unanimous board decision clearing my daughter of that charge. Mr King was tenacious and unrelenting in her case. His staff are true professionals and highly skilled and experienced in preparing the cases. If you or someone you know needs a lawyer who will fight for you Mr King is the one you want in your corner.
Liv SLiv S
07:58 06 Sep 23
My journey with King Military Law began when my Navy Reserve Center falsely accused me of committing a crime but failed to notify me until nearly a year had passed after said crime. I was literally looking at losing everything I had ever worked towards the 16 years I had spent in the military to include a burgeoning career in the healthcare sector, my security clearance, my G.I Bill benefits, ect. If you think that situation can’t get any more stressful, try searching for legal counsel who will treat your case with the utmost importance instead of just a money grab. Thankfully, I found King Military Law quickly and was sold from the many 5-star reviews to Don’s impressive resume, and Kasheta’s prompt response to my initial query.During the consultation, Don did not shy away even after I explained the details of my rather complex case. In fact, he seemed to relish in the challenge of it all. Once retained, he and the rest of his legal team immediately began working various angles of my case and even provided further support by helping me navigate through several legal forms provided by my command to ensure that none of my rights were signed away.As it is the Navy Reserve, I had to wait several months for my Administrative Separation Board to convene; however, Don and his legal team always answered any questions that I had or dealt with any situations that arose in a timely manner and kept me in the loop as new details emerged.To say I was beyond stressed out the weekend of my Administrative Separation Board is an understatement, Angela’s positive demeanor and Don’s encouraging words were greatly appreciated. Don is a talented legal force and well versed in proceedings, his eloquence and extensive knowledge of military law is clear. However, what stuck out to me the most is the moment when the opposing counsel launched a particularly catty and rather unwarranted personal attack on my character. Don immediately but gracefully rebuffed his attack, providing a compelling and moving argument in which he showered me with praise and related similar experiences he had in the navy to my case in order to appeal to board members on my behalf.Thanks to King Military Law, I was able to win my case and can finally relax for the first time in nearly a year. I can’t thank the exceptional legal team (Don, Kasheta, Angela, and Ashley) enough for their tireless efforts, they’re absolute consummate professionals who truly care about their clients and will always go that extra mile for them. I HIGHLY recommend King Military Law to any service members in need and seeking out legal counsel.
Eddie RobinsonEddie Robinson
02:35 04 Sep 23
Mr. King & his associates (Ms. Kasheta) were very responsive and caring to me and my son's case. They explained in terms I could understand, they were timely, and they were caring. My son had serious charges against him and I am hundreds of miles away on the East coast and very scared. He was able to be there to see my son and let him know he had someone on his side. I know we pay for attorneys but you want to feel comfortable with your choice. My son is coming home free & clear. You will be very satisfied with King Military Law when you just can't be there yourself. THANK YOU MR KING & STAFF. posting from : Alethia
Hailey PorterHailey Porter
15:24 30 Aug 23
King Military Law saved my best friend's life and career. The Navy likely illegally separated a close friend of mine with 14 years of service, at the time, as a Sailor. As was I, she was stuck overseas in Afghanistan in 2020 due to the travel ban Gen Miller initiated to prevent personnel from entering and leaving Theater. She wasn't able to fulfill her naval obligations due to the ban. She fought tooth and nail to come back into service and went through MEPs for a second time to continue serving. The Navy again tried to ADSEP the sailor for a separate reason, and that's when she hired King Military Law. If my friend was given her charges she would've lost her medical career, intelligence career, and at this point 16 years of active service. I was present for her ADSEP board and watched King Military Law in action. The process was extremely nerve-racking. The recorder wasn't pulling any punches about my friend's character they were trying to portray to the board. King Military Law's kindness, professionalism, and strategy saved her life. They helped her beat a case that typically the service member wouldn't win. I 10/10 recommend King Military Law. For the first time in 2 years, my friend is able to truly rest and breathe.
Bryce BeeckmanBryce Beeckman
04:26 30 Aug 23
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Dina TrujilloDina Trujillo
04:46 15 Aug 23
Where do I begin? This will be a bit lengthy as I want to share my experience King Military Law. There aren’t enough words to express how grateful, blessed, and completely honored we are to have had Don King and his team representing my Marine. A few months ago, my son found himself in a very difficult, very scary and extremely stressful situation. A parents worst nightmare. My son was being FALSLEY accused of of a very serious crime. My son had no chance to speak his truth, and was immediately guilty in the eyes of command with absolutely no chance for a positive outcome. This was extremely heart wrenching to a mother who 100% knows without a doubt that her son is innocent, it completely broke me and tore me apart. There was nothing I could do. Once Don heard my sons case he immediately took action. Don ensured that my sons rights were protected. Don protected my Marine when I could not. Don made sure that my son would not get screwed out of what he was entitled to, since my son was a few months from completing his enlistment.Don fought for my boy, presented facts and had these serious charges dismissed against my son, all without having to go to court martial. Don believed in my son from day one and relentlessly fought for him.Don is caring and compassionate and genuinely cares. While going through this stressful situation, Don made sure to reach out to my Marine a few times a week to check in with my son to make sure he was mentally and emotionally doing well. Don kept us updated throughout the process and we always knew what to expect. In the end my son was separated under honorable conditions and is now home. All which never would’ve happened without Don. Don saved my sons career and ensured that my son could have a successful and bright future in the civilian world.I promise that you will not find another Military Attorney with the experience and knowledge that Don has, just take a look at his resume. Don is a warrior who will run circles around anyone. Thank you so much Don and Kasheta for everything! Forever thankful.
Rancell GonzalezRancell Gonzalez
06:29 08 Aug 23
This guy has the best legal team in the nation, hands down. All odds were against my best friend, another co-worker, and myself. Somehow, he managed to win every single battle. Don King literally fought for us 24/7, it did not matter to him whether it was the weekend or late at night. Don always answers the phone provides support through stressful times. Don is a winner, what can I say. I will always be forever grateful that I hired this man. When you go to court with him, you will see that you didn't waste your money and time, but you invested it. This guy awesome, I would hire him a 10000000000000 times if had to because I know he will win.
Kiki WhiteKiki White
00:27 13 Jul 23
Mr. King went above and beyond during our consultation. He was professional, knowledgeable, and very thorough. We went over the 30 minutes. Mr. King did not try to rush me off the phone. This is an attorney who truly cares for a client or potential client. I would highly recommend retaining Mr. King as an attorney. Thank you so much for your assistance Mr. King!
Jeovani StouteJeovani Stoute
02:47 05 Jul 23
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Leslie PuikLeslie Puik
01:03 07 May 23
There aren't enough words of high praise to express our appreciation for Don King of King Military Law. He and his very qualified staff Kasheta and Angela took care of our needs like we were their only clients. They are all highly professional, superb communicators, responsive, and thorough. They are caring, compassionate and patiently listen to and address every concern as though they were helping one of their family members. Don excels at helping others understand the processes of the law. He educates his clients so that they can navigate toward the best possible solution and outcome. We will be forever grateful for the entire team's effort to help our family through the most challenging time of our lives.I highly recommend King Military Law.
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