Does 8 year rule include time as a Cadet?


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Hello All,

BLUF: Does the 8 year rule apply to time as a Cadet at West Point? Does obligation time count towards the 8 Year Rule?

Quick background, I tore my ACL /LCL and meniscus in 2011 in high school. I attended West Point 2012-2016. I re-tore my knee polevaulting at track practice at West Point in OCT 2012 and had a two stage surgery (High Tibial Osteotomy in OCT 2012 and ACL/PLC/Meniscal Transplant in April 2013). I commissioned in 2016 and did not have many issues until recently. I graduated Ranger School in June 2018 and have been rucking and doing airborne operations for the past two years. I again injured me knee during an Airborne Jump and then doing multiple 18 mile rucks on it before I had to see the medics. I had an MRI done in March 2019 and my ACL is again torn and I have severe arthritis and instability in my knee. I also injured my ankle on the same leg and just had surgery this month on my ankle to reconstruct some ligaments to stabilize my ankle before they again do surgery on my knee.

After discussing with the orthopedics and PA, I most likely will go through a Med Board some time in the future. I am concerned that since my knee was torn in 2011 in high school, these injuries will be considered consequent to that injury, especially since I injured my knee at West Point only after 2 months of attending. I am currently serving my 5 year obligation that will end in May of 2021. If the Cadet time counts towards the 8 year rule, I will have 8 years of Active Duty in May of 2020 and would not have an issue with my injury being considered EPTS. I am planning on serving out my 5 year obligation if the Army lets me stay in. In the meantime, I will undergo these surgeries and am just trying to educate myself for the likely possibility that I have to undergo this process.

Thank you for your time and help.


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No doubt in my mind you can still prove aggravation especially with Ranger and Airborne schools under your belt, shoot initially for direct service connection if denied go the aggravation route. Do not accept an aggravation above 10% hell I wouldn't accept more than 0% an aggravated claim is when they subtract what your preservice disability rating was to your current level. So it would be written like "we determined your pre-service disability to be 10% disabling and that your current level is 30% disabling thus your award is 20% (10-30).
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