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I have bilateral tibial stress fracture injuries and an

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still in AIT training. I...
I have bilateral tibial stress fracture injuries and an still in AIT training. I have 11 months currently in TRADOC and this injury is a setback. If they do not heal, my physical therapist will recommended me for a general chapter.I want to know what is available to me.? Can I fall through med board.? Can I apply for some educational VA benefits.?
Submitted: 6 months ago.Category: Military Law
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Answered in 35 minutes by:
11/28/2017
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,230
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

Sorry...what do you mean "general chapter"?

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Customer reply replied 6 months ago
A 5-11 chapter.
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

Wait...did the stress fractures exist PRIOR to you entering the service? Or were they caused by training?

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Customer reply replied 6 months ago
The injuries were caused by training. I never had injuries prior to enlisting. Which is why I’m confused about that.
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

Yea...me two...since that is NOT something that they should be using 5-11 for. If you read the regulation, it provides

Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on AD or ADT for initial entry training, may be separated

And

Soldiers who do not meet the medical fitness standards for retention or whose existed prior to service condition has been aggravated by military service, will be processed per AR 635–40

So they should be processing you under AR 635-40 (they need to run a MEB)

I would request to speak to your commander about this...it seems someone is confused on the rules

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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