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Ratable Or Not?


Swan

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I'm curious so I've come to the place where I know I will find answers! B)

A friend of mine husband was sworn into the Army back in '86 and was sent off to Basic Training. Once he began his training the Drill Instructors noticed that he had limited use of his dominant arm so he was medically discharged. He served no more than a week or two. He doesn't know if he's receiving any compensation because he cannot find his DD214 but he doesn't receive any money. He is requesting his DD214 and SMRs.

My questions to all of you is:

1. Is he entitled to service connection even though he only spent a week or so in Basic?

2. If so, what does he need to do to get the ball rolling? He says that he has deep embedded pain sort of like arthiritis and he can not straighten his arm completely.

3. Could his ailment be labeled as "caused or aggravated by military service" which serves as his nexus because it wasn't noted on his entrance exam?

Thanks in advance!

Swan :)

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  • HadIt.com Elder

what he needs to refer to is the rule of "presumption of soundness" when he was activated, but to be honest with you, without a incident in service to point to and say that caused it, this claim will be like trying to climb the himalaya's with your hands tied.

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I working with another vet that has a similar situation. He had a preexisting back problem that was not giving him any problem when he went into service. While in basic training the old back injury was greatly aggravated and he couldn't walk. He was medically discharged. He said they told him he couldn't file a VA claim because he lied on the application saying he had no back problems. He said he just wanted to do his part in the war and thought he could handle it. He was a star football player and in great physical condition at the time. but he didn't make it through basic training because of the injury. Does presumption of soundness apply when the vet withholds information about his health?

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  • HadIt.com Elder

not when there is willful and intentional fraud, if you know you have a preexisting condition and do not disclose it, it is called falsification of a government document and if they really wanted to they could prosecute you for it, lying by omission is still lying.

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not when there is willful and intentional fraud, if you know you have a preexisting condition and do not disclose it, it is called falsification of a government document and if they really wanted to they could prosecute you for it, lying by omission is still lying.

Good point. I hadn't thought about it like that. I guess he should be grateful he didn't go to jail. B)

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Hymalaya's, try landing on the moon.

Unless he can show a specific injury to his arm related to training, I doubt very much if he has any chance, even concidering presumption of sound condition. It would depend on the type of injury, if it is an arthritic type malody, then a week or two in service is not long enough for it to have caused a problem. and if it was an injury prior to service, his failure to disclose it may be looked upon unfavorably as hiding a physical defect.

Then their is agravation of a prior injury, Since it was only a week or two, agravation may be a hard sale as well, since basic training is also to weed out the physically inferm or in otherwords, those that can not physically cut it in the service.

Prove he injured his arm in service and the medical discharge references this injury as incurred during training, then you may have a chance, The evidence must be their or it more likely than not be very difficult to show SC.

I know about difficult claims, I have been fighting for 31+ yrs for my SC.

Jim S. B)

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Guest fla_viking

Dear Fellow Veterans & Friends.

We are presuming things without enough information. Was this vet discharged because of an injury occured within the first week and the DI saw the impact of the injury and discharged him. OR did the injury come out naturally due to the stress of basic.

He should get a copy of his DD 214 and see if it lists a medical discharge and cause. He should get a copy of his SMR and 201 file.

People do get injuried with in the frist few weeks of training. WHen i was in a guy broke his leg going over the obstical course. The DI's seemed kind of worried about it when they came to us and stated they were not pushing us to do things on the course. They were and it was always hury hury hury.

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I'm curious so I've come to the place where I know I will find answers! B)

A friend of mine husband was sworn into the Army back in '86 and was sent off to Basic Training. Once he began his training the Drill Instructors noticed that he had limited use of his dominant arm so he was medically discharged. He served no more than a week or two. He doesn't know if he's receiving any compensation because he cannot find his DD214 but he doesn't receive any money. He is requesting his DD214 and SMRs.

My questions to all of you is:

1. Is he entitled to service connection even though he only spent a week or so in Basic?

2. If so, what does he need to do to get the ball rolling? He says that he has deep embedded pain sort of like arthiritis and he can not straighten his arm completely.

3. Could his ailment be labeled as "caused or aggravated by military service" which serves as his nexus because it wasn't noted on his entrance exam?

Thanks in advance! It seems to me that a medical report on this guys arm should be somewhere in his medical file. I don't think the army would have dced him with no reason. There is more to this story than he is telling you.

Swan :)

:)

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Thanks everyone for the input. It does seem like it's going to be a tough one to convince but like fla_viking says, let's wait to see what his DD214 and SMR states and then we'll move on from there.

lol, Swan B)

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