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My son is in Navy Diver A school. He is experiencing some

 
jagcorps_esq's Avatar
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My son is in Navy Diver A school. He is experiencing some numbness in his right foot but is scared to go to base medical for fear that they will throw him out of Dive School and send him to the fleet or Discharge him altogether. I'd like him to see a civilian doctor. If he uses his Tricare insurance at a civilian doctor is there anyway for that to come back to the Dive School or is it Protected Health Information?

 

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State/Country relating to question: Florida

Submitted: 285 days and 10 hours ago.
Category: Military Law
Value: $38
Status: CLOSED

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Expert:  jagcorps_esq replied 285 days and 10 hours ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

Not only can the military find out, but they almost certainly will. A Soldier's medical readiness is a matter that the military has a legal right to investigate. To the end, it is not protected health information, or rather, not so protected that the military can not find out about it.

Furthermore, if it appears that his use of the civilian doctor was done in an effort to not apprise the military of any medical issues that he may have which might be disqualifying (which is actually what your goal is here), he could be discharged not for a medical reason, but for a misconduct reason called Fraudulent enlistment. That doesn't just cover the initial enlistment, but all acts or omissions related to your military qualifications.

If he has medical issues, he needs to let the military know.

Expert TypeLawyer
Category: Military Law
Pos. Feedback: 96.3 %
Accepts: 3362
Answered: 7/2/2012

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