Is my medical discharge still considered a service connected injury if I was waivered in for it?

PV2 Private RallyPoint Member — Mon, 07 May 2018 18:54:15 -0400

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?

Response by SGT Joseph Gunderson made May 7 at 2018 7:23 PM

SGT Joseph Gunderson — Mon, 07 May 2018 19:23:37 -0400

I would probably ask the doctors that evaluate your injury for the Medboard. It is usually that if it is a pre-existing condition then it isn't service connected. I am no expert though.

Response by SGT Jamarl Jones made May 7 at 2018 11:46 PM

SGT Jamarl Jones — Mon, 07 May 2018 23:46:44 -0400

Yours is an interesting case, and I wish I had something constructive to say. What was your original injury? Part of me thinks that if it is technically a new injury, it might be considered service-connected. The fact that it's the same shoulder that was already injured MIGHT not matter. For example, let's say you have a repaired labrum tear, and you got a waiver for that. You could re-injure that same shoulder, but this time injure your rotator cuff. The fact that you previously injured your labrum may actually be immaterial as far as your new injury is concerned.

Do you know what your original pre-service injury was? Do you know what your new one is?

Response by Capt Daniel Goodman made May 8 at 2018 1:31 AM

Capt Daniel Goodman — Tue, 08 May 2018 01:31:14 -0400

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Response by CSM Darieus ZaGara made May 8 at 2018 5:54 AM

CSM Darieus ZaGara — Tue, 08 May 2018 05:54:55 -0400

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.

Response by 1SG Private RallyPoint Member made May 8 at 2018 7:52 AM

1SG Private RallyPoint Member — Tue, 08 May 2018 07:52:59 -0400

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.

Response by SFC Private RallyPoint Member made Nov 2 at 2018 12:17 AM

SFC Private RallyPoint Member — Fri, 02 Nov 2018 00:17:38 -0400

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.