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Military, ADA, disability and Reserves

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Filed under: Military law

Hi,

My son-in-law has been an active duty member of the Navy for almost twelve years. He is getting out soon, but wants to continue in the Navy Reserves. He has a disability on his foot that occurred while on active duty service, and is being told that he has to waive his rights with regard to his disability in order to get into the Reserves. We're concerned he may need surgery in the future. Can any of the military attorneys advise regarding resources that might help, as well as the interplay of ADA, disability law and his situation?

Attorney Answers 3

Posted

I am not sure I understand the question, and really not sure I understand what is meant by "waive his rights with regard to his disability." The ADA does not apply to the military. I assume the recruiter has told him that he has a condition that might otherwise medically disqualify him from the reserves, but they will get a waiver of that condition to let him in, but that is only a guess on my part. I think the question has gotten lost in translation from the recruiter to him to you to AVVO.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Asker

Posted

Thanks for the reply. Sorry for any confusion. I'm posting based on what i was told by my daughter, who used the term "waive". The concern that has triggered is whether it will disqualify him for future benefits in any fashion related to his injury. Also, I wasn't aware that ADA didn't apply to the military, so that answers that part of it...

Philip Douglas Cave

Philip Douglas Cave

Posted

Well the military often waives medical issues at the time of recruiting. That's something that is normally decided at MEPS and with consultation with the commander. Yes, a waiver might be given. If he has a service connected injury then he should make sure he has a complete set of all of his medical records and documentation of how the injury happened. Let's see if Seth Director or Drew Early chime in. They know VA stuff better than most.

Posted

ADA does not apply to the military.
If he is medically separated with disability through a MEB/PEB, I don't see how he can be waived into the Reserves. Reserve duty esstentially requires he be fully qualified for service.
Waiver of medical issues? Not heard of that.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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Asker

Posted

Thanks for the reply. Sorry for any confusion. I'm posting based on what i was told by my daughter, who used the term "waive". He isn't being medically separated. Perhaps the situation is what Mr. Cassara suggested in his answer as far as the Reserve person suggesting they could waive the disability when it comes to accepting him into the Reserves?? The concern that has been triggered is whether doing so and going into the Reserves on that basis will disqualify him for future benefits related to his injury, since it happened while on active duty. Also, I wasn't aware that ADA didn't apply to the military, so that answers that part of it...

Philip Douglas Cave

Philip Douglas Cave

Posted

Well the military often waives medical issues at the time of recruiting. That's something that is normally decided at MEPS and with consultation with the commander. Yes, a waiver might be given. If he has a service connected injury then he should make sure he has a complete set of all of his medical records and documentation of how the injury happened. Let's see if Seth Director or Drew Early chime in. They know VA stuff better than most.

Asker

Posted

Thank you . I appreciate the insights...

Posted

I agree the standards are the same. The military probably owns the foot problems under line of duty rules and service connected rules..

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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