Discharge By Reason Of Previously Known Disability

[brad]

In 1965, I was declared 4F while trying to join the Marines. The 4F was due to a physical disability. In 1967 , I receieved an induction notice. I informed the military of the 4F status(they could not find paperwork) and noted the physical disability on my application. I was allowed to join the Marines. During boot camp this physical disability was detected again. I was allowed the complete boot camp but was exposed to considerable humiliating remarks by my drill instructor due to my disability.. A year later this physical disability was detected again. I was sent to the Naval Hospital in bethesda(mispelled) maryland for evaluation. It was deternmine that I was pysically disable to remain in the military and discharged under honorable conditions by reason of physically disable.

After discussing this matter with many veterans of this period, I believe that I am entitle to disability compensation because they acepted me as an able body indivual but dischaged me as disable. I realize this is a very touches subject but I do need some input from my fellow veterans. Remember todays vets were treated better ( still a lot the desired) than our Vets of my era due to their efforts to fight for better treatment and what is right. During my era I did not know any better but today I feel enlighten and must atlease try and get what I think is due to me.

My disability is I can not turn my hands palms which means I am not combat ready.

Thanks to all Email me for any advice

[halos2]

You have nothing to lose and all to gain. Go for it. Gather everything from everywhere, for all these years.

[sharon]

3.306 - Aggravation of preservice disability.

(a) General. A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. (Authority: 38 U.S.C. 1153) (b) Wartime service; peacetime service after December 31, 1946. Clear and unmistakable evidence (obvious or manifest) is required to rebut the presumption of aggravation where the preservice disability underwent an increase in severity during service. This includes medical facts and principles which may be considered to determine whether the increase is due to the natural progress of the condition. Aggravation may not be conceded where the disability underwent no increase in severity during service on the basis of all the evidence of record pertaining to the manifestations of the disability prior to, during and subsequent to service.

(1) The usual effects of medical and surgical treatment in service, having the effect of ameliorating disease or other conditions incurred before enlistment, including postoperative scars, absent or poorly functioning parts or organs, will not be considered service connected unless the disease or injury is otherwise aggravated by service.

(2) Due regard will be given the places, types, and circumstances of service and particular consideration will be accorded combat duty and other hardships of service. The development of symptomatic manifestations of a preexisting disease or injury during or proximately following action with the enemy or following a status as a prisoner of war will establish aggravation of a disability. (Authority: 38 U.S.C. 1154) © Peacetime service prior to December 7, 1941. The specific finding requirement that an increase in disability is due to the natural progress of the condition will be met when the available evidence of a nature generally acceptable as competent shows that the increase in severity of a disease or injury or acceleration in progress was that normally to be expected by reason of the inherent character of the condition, aside from any extraneous or contributing cause or influence peculiar to military service. Consideration will be given to the circumstances, conditions, and hardships of service.

Read more: http://cfr.vlex.com/vid/3-306-aggravation-preservice-disability-19773970#ixzz14Z2wIsbp