Early Medical Discharge

[banchie]

Hi! I had a vet move in across from me and he says he didn't know he had cancer when he enlisted. At some point he had a complete induction medical exam. Several months later while in boot camp the military discharge him on medical grounds of cancer. The VA claims even though he had the exam, the short time period served is not enough for benefits or connection.

Ever hear of a vet being denied after having passed an induction exam and serving in the military? The VA has got the guy believing he has nothing coming, even though he served for a short while.

[Josephine]

Betty

You are getting to be a real pro on the question of pre-existing injuries and illnesses. Stay around and help others with this.

John

John,

I certainly will. I may never receive a dime, but I bet I will do my best to keep others from falling into the pit falls of the VA.

Betty

[Testvet]

Josephine they changed the rules about 1988 I think before that it was 90 days during war time or 180 days of peacetime before benefits were due. But about the time of Desert Storm they went to the 24 month rule the exact date I don't know

[Guest rickb054]

Here is the link to va eligibility for medical care:

http://www.va.gov/healtheligibility/eligib...Eligibility.asp

for benefits:

http://ecfr.gpoaccess.gov/cgi/t/text/text-....11&idno=38

[Josephine]

Josephine they changed the rules about 1988 I think before that it was 90 days during war time or 180 days of peacetime before benefits were due. But about the time of Desert Storm they went to the 24 month rule the exact date I don't know

Thanks,

Betty

[Hoppy]

I find it beyond comprehension that compensation for a medical condition that is the result of military service would require any minimum period of time for eligibility. Under labor law in this state you are eligible for workers comp from the first minute you start employment with an employer.

If you think there is a minimum time statute for disability compensation you should post the CFR or any other applicable law.

[Abe111]

If the disability occurs with less that 90 days of service, A "line of duty injury" must go through the chain of command for numerous signatures. The line of duty could be rejected at any level. If the line of duty injury is deemed valid, the branch of service will then convene a medical evaluation board for review and grant a rating.

If the line of duty injury is deemed "existed prior to military service" the board will still grant a rating and discharge the person, of course with no compensation.

The 90 day period is during a period of war. During peace time, dependending how one reads the regulations, it is 180 days for enlisted and 24 months for officers.

But, my experience with this has been any service injury is investigated and the "line of duty" inquirey is always conducted to see if the injury involved alchohol or drug abuse. I saw this first hand, a couple of my friends were driving drunk and were seriously hurt when they drove into a tree. Discharged with no compensation, bad conduct discharge.

During AIT I had a buddy fall of the the repelling wall and break his back. I saw him after graduation in the medical idel unit waiting for his medical evaluation board to convene. His line of duty was obviously granted. Knowing the VA he may still be waiting for a rating though. Abe