Failed Military Entrance Exam/medical Waiver

[william n]

failed physical exam...[bi-lateral knees]went in on med. waiver... in med. records[1973] it states, "i wish to discharge, due to medical condition[knees]..Dr. responds in notes,"wishes to discharge early,due to condition of knees,refer to medical board for consideration..will that letter support my claim for bilateral knee disease,service connection????thanks, williamn

[Berta]

But you were allowed re-entry?

WHat does that re-entry entrance exam say?

[LarryJ]

Berta, he's not saying he was allowed "re-entry", he's saying that to enlist he had to sign a waiver due to his already existing, prior to service, knee condition, I think.

Lessee if I've got this correctly:

You signed a waiver, due to your knees, that would allow you to enlist. Is this correct?

You entered service with this bi-lateral knee condition, for which you had signed a waiver stating that you wished to enlist, and would not hold the particular service responsible for anything that should occurr to your knees (you must have, otherwise it would not be considered a "waiver", right?).

Now you want to hold the service responsible for your knees?

What do you think the answer to your question is going to be?

[william n]

no berta, the first exam was when i failed.[70's] i then was allowed in on a "medical waiver" from the dept of medicine and surgery in Washington,D.C. after i requested {written} entry. after a few years my knees got so bad i wanted out. williamn

[william n]

nope i did not say i would not hold them responsible....it states " you are allowed entry into the service and you must follow any request made by the MO for treatment and/or surgery" then comes my signature...williamn

[william n]

exam says "failed" due to yada yada of the knees/bilateral..i was informed that i should request a waiver from D.C. and did that. In i went with that signed stip saying i would follow any recomm. by the med officer where ever i end up.

[Berta]

There are similiar claims like this at the BVA web site-

Now I understand this better-

you signed waiver for Pre existing disability-

and you would have to prove that military service 'aggravated 'that disability to a compensable degree.

"The United States Court of Appeals for the Federal Circuit

(Federal Circuit Court) recently addressed the presumption of

aggravation in the case of Davis v. Principi, 276 F.3d 1341

(2002). The Federal Circuit Court stated that "[w]here a

veteran can show an increase in a preexisting disability,

section 1153 establishes a finding of aggravation." Davis,

276 F.3d at 1343. The Federal Circuit Court also observed

that "[t]he statute, however, expressly excludes from

aggravation any increase in disability attributable to the

natural progress of the preexisting disease." Id. Thus, a

medical finding that an increase in a preexisting disability

during service was due to the natural progress of the disease

removes the disability from a presumption or finding of

aggravation."

from:http://www.va.gov/vetapp02/files02/0205585.txt

The mil used to say once a medical waiver is granted the disability can never be claimed for VA comp- but they dont say any aggravation of the waived disability can be compensated if it is 'aggravated' by service.

Edited November 3, 2007 by Berta