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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18790
Experience:  Lawyer and current JAG officer.
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Am going to fort smelling disability claim. Does Article

Customer Question

am going to fort smelling for a disability claim. Does Article c10310,Bupers Manual-code 460 is this possible grounds for disability?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: the incident happened at Nimitz island San Diego naval training center Nimitz island California. my appointment is at Fort Smelling Minneapolis Minnesota
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I am being represented by the DAV. do you think I should have a lawyer?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

If you are talking about obtaining disability from the military, then no that section won't specifically help you. That article is referring to a regulation that allows separation of a member based on a pre-existing condition.

Now, you can certainly use that section to demonstrate that there was a medical issue at play, but you will need some other evidence to disprove the idea that the condition was pre-existing, because a pre-existing condition separation is given as a basis when the military makes the determination that your condition was not caused by military service.

Again, they could absolutely have been wrong and it is something you can challenge, but you need to know that going there. If you tried to rely solely on that separation description, you'd automatically lose unless your position is that your pre-existing condition was aggravated or made worse by military service. Then you'd need some evidence supporting that position too.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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