Posted on May 7, 2018
PV2 Infantryman
17.1K
21
13
0
0
0
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?
Posted in these groups: Ems MedicalA0d8a2d3 Medical BoardGibill 02 GI Bill
Avatar feed
Responses: 6
1SG Civil Affairs Specialist
8
8
0
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.
(8)
Comment
(0)
PV2 Infantryman
PV2 (Join to see)
>1 y
That’s what I thought as well Thankyou for being the first sergeant (pun intended) to give me a concise answer
(1)
Reply
(0)
SFC Casey O'Mally
SFC Casey O'Mally
6 y
1SG (Join to see) Has hit the nail on the head. I can tell you from personal experience. When I retired, I was rated for (amongst other things) depression. I asked about this, since I had a history of depression as a teenager, and it was very clearly explained that my medical history made it very clear that my military service had aggravated my depression and made it more of a factor in my life than had previously been the case. It is now my second highest individual disability rating (out of MANY - the Army was not kind to my health, but I would do it again and don't regret my career).
(1)
Reply
(0)
Avatar small
SFC Blc Senior Small Group Leader (Ssgl)
2
2
0
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.
(2)
Comment
(0)
PV2 Motor Transport Operator
PV2 (Join to see)
4 y
So if you hid an injury or surgies prior to joining that wouldve got you disqualified what happens if those surgeries or injury ( metal plate in cheek bone) are to be discovered?
(0)
Reply
(0)
Avatar small
CSM Darieus ZaGara
1
1
0
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.
(1)
Comment
(0)
PV2 Infantryman
PV2 (Join to see)
>1 y
https://www.disabilitysecrets.com/resources/disability/veterans-disability/establish-service-connection.htm

If you look down at the third way to prove that something is service connected it almost exactly describes my situation
(1)
Reply
(0)
CSM Darieus ZaGara
CSM Darieus ZaGara
>1 y
That is why I said to research appeals and contact the DAV. Even if you are separated non service connected you can reverse that through the VA. The VA and the DOD ratings are separate animals.
(0)
Reply
(0)
Avatar small
Avatar feed
Is my medical discharge still considered a service connected injury if I was waivered in for it?
Capt Daniel Goodman
1
1
0
http://www.veteransadvocates.org

Trust me, all of the vet groups are good, however, for really seriously complex cases, these guys were the ones we turned to for help, for my total perm disability...do yourself a favor, capp them, use their search engine, and, if one of them would take you on, give whoever it would be whatever retainer is needed, them just pet them take their allowed percentage of any back settlement...do not, please, do not try to do it on your own, you want to start with a vet group, fine, that:s up to you, however, our whole claim for !e mushroomed in complexity to the point where we needed expert attorney help, there are paw school clinics for vets, those are also good, however, we lucked out with he one we transferred our claim for me to, he'd done three yts active, and had practiced VA disability law for 30-40 yes, here's a decision search engine for the Board of Vet Appeals (BVA), you can search for precedents slightly, however, it'd only he purely amateur stuff...these are the pros, believe it, OK? If you want, give me your thoughts, don't wore how much they'd take under the law, that:s what the paw is designed to do, use it, and use them, OK? If nothing else, just call the!, and find those members near you, OK? Call them, lay out your while scenario...trust !e, there's a very real reason, I assure you, as my wife and I have found out over time, why God invented attorneys, I assure you, I've watched real attorneys do real law, it's not for amateurs, don't try to be Perry Mason or Clarence Darrow, you want the right help aside from vet groups or law school vet law clinics, these guys are very definitely the ones to ask, OK?
(1)
Comment
(0)
Avatar small
SGT Joseph Gunderson
1
1
0
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.
(1)
Comment
(0)
TSgt David Holman
TSgt David Holman
>1 y
The initial injury wouldn't be service connected, but we are rated on disability, not injury. If the injury is aggravated by military service, and develops into a disability, then it would be considered service connected.
(1)
Reply
(0)
Avatar small
SGT Jamarl Jones
0
0
0
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?
(0)
Comment
(0)
PV2 Infantryman
PV2 (Join to see)
>1 y
I think that I tore my same labrum again but it’s a different part of the labrum like I have anchors on the front of my shoulder to keep it in place from previous surgery however I do not have anchors on the top which is where is was torn this time meaning kinda new injury but maybe not lol. I don’t think it matters either way because I was waived in as healthy (which I genuinely was) with all years being repaired to now being torn by training so reguardless I believe that it will still be service connected I looked at the VA website and they said that if an injury re occurs or is aggravated during active duty and you have the original injury on recordipon enlistment it is considered service connected
(0)
Reply
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close