newsletter articles

AUGUST 2011

A National Guardsman’s Journey

Sergeant MA, an Army National Guardsman since 1982, was mobilized for a tour of combat in Iraq in 2006. While deployed to Iraq in support of Operation Iraqi Freedom, MA suffered musculoskeletal injuries to his spine, left knee, and shoulder as the result of a mortar round that detonated extremely close to him. MA received treatment while in Iraq and was able to complete his combat tour despite the worsening affects of his physical injuries. Unfortunately, the struggle for MA had only just begun. 

When MA returned from Iraq, he remained on active duty to receive treatment for his combat-related injuries. MA spent most of 2008 recovering from his injuries and waiting to be processed through the Army disability evaluation system. In January 2009, MA was released from active duty without being evaluated to determine whether he was physically fit for military service. This was contrary to Army regulations and policy that requires National Guard and Reserve soldiers to remain on active duty until they can be evaluated for military fitness. MA was returned to his National Guard unit without any continuing medical care from his active duty providers. It was at this point that MA reached out to NVLSP’s Lawyers Serving Warriors program (LSW) for free legal assistance with his case. LSW reviewed MA’s case and placed it with volunteer attorney Bruce Robertson from the law firm of Garvey Schubert Barer. 

From the time he was assigned the case, Bruce Robertson worked tirelessly with MA to wade through the bureaucracy. MA’s National Guard unit did not have any experience in getting soldiers into the disability evaluation system. They also did not receive adequate support from the active duty component in attempting to access the military disability evaluation system. MA’s volunteer attorney made phone calls and sent letters to various military leaders in attempting to address the concerns with MA’s case. Finally, in July 2010, MA was evaluated by the Medical Evaluation Board and after another long wait, MA received the Medical Evaluation Board’s report in January 2011. Working closely with NVLSP staff attorney David Sonenshine, MA’s volunteer attorney assisted MA in submitting an appeal of the Medical Evaluation Board’s decision. Finally, MA was notified in April 2011 that he was being placed on the permanent disability retirement list. This completed a five year journey that began with his deployment to Iraq in 2006. 

This was not the way MA envisioned retiring from the military. MA had always planned on serving his country until he received his 20-year retirement certificate. Through LSW and its cadre of volunteer attorneys, MA was still able to receive a well deserved military retirement.