Virginia Beach, VA asked in Military Law for Virginia

Q: I was discharged Honorably after 9.5 years of service due to PRT failures with a medical condition. Was it justified?

I was diagnosed with an abnormality in my lungs 1 year and 2 PRTs before i was separated from the military due to PRT failures. I was not given a Medical Review Board and was given a no PT chit without a expiration date on it. This was after i had re-enlisted for 6 years i am now separated with 80% disability and i had every intention on retiring after 20 years. Was this a justified seperation and will i be able to fight for a retirement or additional compensation for my disability?

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1 Lawyer Answer
Patrick Korody
Patrick Korody
Answered
  • Military Law Lawyer
  • JACKSONVILLE, FL

A: This a complex issue - I have fought it before. You can apply to the Board of Corrections alleging that you should have been, based on your condition, referred to the PEB, and ask them to refer you to the PEB. If you get to the PEB, the PEB will determine whether you are fit or unfit and should be medically retired.

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