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Delizin
Nov 9, 2005

It may not be interracial, but it is black and white.
With a congenital/hereditary condition the burden of proof will be on them to prove that you are experiencing the natural progression of the disease and that you would have experienced these problems eventually regardless of whether you joined the military or not. Supposedly the presumption is that military service permanently aggravated the pre-existing condition and you will get benefits unless they "prove" otherwise. You can strengthen your case by making sure you have documented the injury that worsened your condition and trying to get a doctor, military or civilian, to put into writing that it is "at least likely as not" that your condition was caused or aggravated by your military service and injuries sustained therein. The amount of time you have served also plays a significant role with pre-existing conditions where if you have been in for more 8 years then any pre-existing conditions will be rated even if they are determined to be existing prior to service (EPTS).

Here is some relevant info:

quote:

Physical or mental disabilities that make a Soldier unfit may have existed prior to entering the service (EPTS). Causes of EPTS disabilities include hereditary or congenital defects or injuries with an inception before entering active service. There is a presumption that pre-existing conditions have been service-aggravated, but this presumption can be overcome if the PEB determines that the worsening of any condition followed the “natural progression” of the pre-existing injury or disease based on well-established medical principles.

If a Soldier has less than eight years total active service (see eight-year rule on next page) he/she could be separated from the service without disability benefits. This would happen if the PEB deems a Soldier's injuries EPTS and his/her condition has not been permanently aggravated by military service. By law, the Army only compensates for those conditions that were caused by, or permanently aggravated as a result of, military service.

It is possible for a Soldier to possess a physical or mental disability and never experience a problem until he/she faces the stresses of military life. The physical and emotional stress of military training can cause a latent condition to appear or an old injury to worsen to the point that the Soldier is no longer able to perform his/her military duties.

To appeal a finding of EPTS, a Soldier must present medical evidence that the condition did not exist prior to entering the service, or provide medical evidence documenting that military service permanently aggravated a pre-existing condition.

Title 10 USC, Sec. 1207a. "Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions

(a) In the case of a member described in subsection (b) who would
be covered by section 1201, 1202, or 1203 of this title but for the
fact that the member's disability is determined to have been
incurred before the member became entitled to basic pay in the
member's current period of active duty, the disability shall be
deemed to have been incurred while the member was entitled to basic
pay and shall be so considered for purposes of determining whether
the disability was incurred in the line of duty.
(b) A member described in subsection (a) is a member with at
least eight years of active service."

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