Posted on May 7, 2018
Is my medical discharge still considered a service connected injury if I was waivered in for it?
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I had a shoulder surgery prior to joining the army I told my recruiter and we were able to get a medical waiver I am 11b now with 7 months of active duty I re injured the shoulder while doing pull up PT and after getting an MRI and speaking to the physician they informed me that I have a similar but not exactly the same injury basically part of it was already there (waived) part of it was caused by the PT but for the sake of the question let’s say it is simply a prior injury made worse by the army if I am medically discharged is it still going to be titled as “service connected disability” I ask because I know that if you have 30+ days of active duty and you are medically discharged for a service connected disability you receive 100% of your post 911 GI bill I am more than likely going to be med boarded and I just want to know if anybody knows what I can expect in terms of how they will callsify my discharge if I am medically discharged?
Medical
Medical Board
GI Bill
Posted >1 y ago
Responses: 6
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This actually has an easy answer. Your medical condition was aggravated by military service, so it is service-connected.
Only ways this does not apply is if you falsified or concealed the condition in order to get in (considering the waiver, this does not seem to be the case) or you were injured in an incident found to not be in the line of duty - usually due to negligence or misconduct (ie drunkenly falling down the stairs or getting into a HMMWV accident and not wearing a seatbelt/PPE).
Your case, as you state it, is pretty clear-cut.
Only ways this does not apply is if you falsified or concealed the condition in order to get in (considering the waiver, this does not seem to be the case) or you were injured in an incident found to not be in the line of duty - usually due to negligence or misconduct (ie drunkenly falling down the stairs or getting into a HMMWV accident and not wearing a seatbelt/PPE).
Your case, as you state it, is pretty clear-cut.
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PV2 (Join to see)
That’s what I thought as well Thankyou for being the first sergeant (pun intended) to give me a concise answer
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SFC Casey O'Mally
1SG (Join to see) Has hit the nail on the head. I can tell you from personal experience. When I retired, I was rated for (amongst other things) depression. I asked about this, since I had a history of depression as a teenager, and it was very clearly explained that my medical history made it very clear that my military service had aggravated my depression and made it more of a factor in my life than had previously been the case. It is now my second highest individual disability rating (out of MANY - the Army was not kind to my health, but I would do it again and don't regret my career).
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It absolutely is service connected and any disability attorney would back you if there were ever a question. Uncle Sam knew about your condition and took ownership of it the minute you shipped. As others have said, if you had concealed the prior surgery we would be having a different conversation. Don’t stress about the future implications of your potential discharge. Focus on your recovery and keeping your nose clean. I’ve seen too many people in your shoes act dumb and get in a lot of trouble before they’re MED board is over. Good luck.
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PV2 (Join to see)
So if you hid an injury or surgies prior to joining that wouldve got you disqualified what happens if those surgeries or injury ( metal plate in cheek bone) are to be discovered?
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As it is pre-existing it will not (likely) be credited, unless the review board finds it to be different. There is an appeal process and then a shot with the VA which you can start prior to separation. The DVA is a great, free organization who can take a look at your files and assist with that side. The VA has a Vet program that you may qualify for which is in addition to your existing education benefit. I am available on the private message side should you wish to bounce anything off me. The fact that you gave it a try is exemplary you should proud of your service and exit with a good feeling. Thank you for your service.
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PV2 (Join to see)
https://www.disabilitysecrets.com/resources/disability/veterans-disability/establish-service-connection.htm
If you look down at the third way to prove that something is service connected it almost exactly describes my situation
If you look down at the third way to prove that something is service connected it almost exactly describes my situation
Veterans Disability Compensation: Five Ways to Establish Service-Connection
When a military veteran files a claim for disability compensation with the VA resulted from military service, the Veteran must establish how the illness or disability is connected to military service.
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CSM Darieus ZaGara
That is why I said to research appeals and contact the DAV. Even if you are separated non service connected you can reverse that through the VA. The VA and the DOD ratings are separate animals.
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