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Can I qualify for va benefits if I was injured in boot camp and discharged with an entry level seperation?

City Of Industry, CA |

I received an entry level seperation from the Air Force , I did not complete boot camp but injured my knee while training for para rescue combat control, I was taken to med hall and seen by the doctor a colonial who said it looked like a meniscus tear, I was then taken to talk to some one else who asked if I could of done this playing sports before I entered military I said I had played football and twisted my knee ankle before but nothing to this extreme, I also received a letter of recommendation from my captain to come back to para rescue after I fixed my knee, I received surgery for my knee at kaiser after I got out and went to the va but all they said was I would have to get an attorney to fight my case, it has been several years since , I was told I can still appeal my case?

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Filed under: Military law Appeals
Attorney answers 3

Best Answer
Posted

Short answer is yes based upon the facts provided for VA disability compensation. Under normal circumstances, an ELS would be considered a characterization of service "under conditions other than dishonorable." There are a couple concerns I have based upon the facts provided: (1) you absolutely do not need to hire an attorney; and (2) if it has been several years since you received a decision from the VA your claim is considered "final" and you'll need to take some affirmative action to have your claim reviewed (most likely a request to reopen). Feel free to give me a call at 732-238-6070 or email at sdirector@finkrosner.com. I'll be able to walk you through the process once I get some additional information.

Asker

Posted

Seth is a very knowledgeable attorney explained to me what i needed to do and how to go about it, he also emailed me the proper forms i needed to go about filing my claim then he went the extra mile on calling personal contacts to assist me, I recommened Seth for any Military or other casses that deal in his expertise.

Posted

You need to contact an attorney who specializes in VA cases. I recommend Seth Director who you can find here on AVVO.

Posted

This question is less about military law than it is about VA appeals. I advise you to find a VA attorney who can, and has, fought these sorts of battles with the VA. Seth Director is a frequent commentor on Avvo, and is well-regarded in the VA circles.