Military, ADA, disability and Reserves

Asked about 1 year ago - 98277

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)

  1. William Emil Cassara

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more
  2. Philip Douglas Cave

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    1

    Answered . 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... more
  3. Kelvin P. Green

    Contributor Level 18

    Answered . 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-... more

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