Injury sustained while at a Service Academy

My wife had knee surgery for a torn ACL from a soccer injury while playing for the US Naval Academy in 2007. The knee caused her significant problems while on active duty, including a subsequent surgery in 2015. She experiences pain now in both knees, especially the injured knee. She separated from active duty and is beginning her VA claim for disability.

We have peers that have had service academy injuries treated as pre-existing conditions. I noticed on her cliam that they list her active duty start date as 2008, the date she commissioned from USNA and a year after the injury.

She is in the process of scheduling her exams for her VA disability claim. Is there anything she needs to be sure to do to help assure this condition gets service connected? My understanding is service academy injuries are treated as active-duty service time.

Hopefully this isn't the wrong forum to pose such a question. I'm a new member to the forum and am here for my own concerns regarding medical conditions and separation.
 
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when did she separate? if she did more than 8 years then the 8 year rule would apply and it would be service connected aggravated. And provide all available medical records to include her academy time.
 
She separated in December 2018 with 11.5 years of active service.

What do you mean by service connected aggravated? I was under the impression it was going to be either service connected or aggravated.

She had no medical history of knee problems before her service at the Naval Academy started.
 
I think they will just direct service connect especially given the amount of time she was in. Work with a VSO to make sure the secondary and bilateral claims are submitted properly, including her back or hips if those apply.
 
She is covered by the 8 year rule. If knee problems are in her AD records, the knee will be service connected.
 
chaplaincharlie said:
She is covered by the 8 year rule. If knee problems are in her AD records, the knee will be service connected.
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Her AD start date, and AD service records, begin after her time at the service academy. My fear is they're going to say "Injury occured in 2007, before the AD start date of 2008". Do we need her AD start date on her paperwork to be dated as her first day at the service academy?

I became worried about this because we were seeking help from Veteran Benefits Guide. They drafted an example claim after reviewing her record and that's exactly how they listed it. It appeared even they missed that it was service connected.
 
After 8 years of AD, everything that existed prior to service is covered.
 
chaplaincharlie said:
You are welcome.
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My wife thought this sounded "too good to be true." Is this guidance for the discussion of DOD Disability rating? My wife is already separated, so my question was regarding her VA Disability rating. What we're reading online seems to indicate the VA can consider conditions pre-existing and determine if it was "aggravated" or not?
 
I know little about this subject, but I did find the following:

10 U.S. Code § 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions

LINK <---

Ron
 
I'm sorry to belabor this point but my wife's C&P exam is tomorrow. We are a little behind on educating ourselves. Our concerns were raised after reading the gouge description at this website:

www.militarydisabilitymadeeasy.com

Service-Connection • Military Disability Made Easy • #1 in Veterans Disability

Service-connection means that a veteran's medical condition was directly caused by military service, whether it occurred on active duty, was aggravated by
www.militarydisabilitymadeeasy.com www.militarydisabilitymadeeasy.com

This quick read makes reference to the 8 year service connection rule twice. They seem to contradict.
 
From a personal standpoint: I am not familiar with that site and not inclined to interpret their positions on anything.

I never considered the 8-year rule until reading your posts. However, a C&P examiner does not made decisions whether a disability is approved or denied for service connection. They "examine" and report their findings.

I believe the law I cited covers your situation.
10 U.S. Code § 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions

LINK <---

Ron
 
The VA rating officials make decisions regarding service-connected, etc.

All of my C&P examinations were performed by contractors for the VA. I believe the title of the actual raters is: Veterans Affairs Rating Veterans Service Representative (or close).

Ron
 
magnuzno said:
My wife had knee surgery for a torn ACL from a soccer injury while playing for the US Naval Academy in 2007. The knee caused her significant problems while on active duty, including a subsequent surgery in 2015. She experiences pain now in both knees, especially the injured knee. She separated from active duty and is beginning her VA claim for disability.

We have peers that have had service academy injuries treated as pre-existing conditions. I noticed on her cliam that they list her active duty start date as 2008, the date she commissioned from USNA and a year after the injury.

She is in the process of scheduling her exams for her VA disability claim. Is there anything she needs to be sure to do to help assure this condition gets service connected? My understanding is service academy injuries are treated as active-duty service time.

Hopefully this isn't the wrong forum to pose such a question. I'm a new member to the forum and am here for my own concerns regarding medical conditions and separation.

















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