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?

Related Topics:
1 Lawyer Answer
Patrick Korody
Patrick Korody
  • Military Law Lawyer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.