The Army did not do a out processing physical

Discussion in 'Disability' started by Bleu, Aug 15, 2007.

  1. Bleu

    Bleu New Member

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    Hi, I am doing some research for my brother Ralph who is a Veteran. He had an honorable discharged and recieved the Purple Heart and the Bronze Star. However, when the army discharged him they did not do an out processing physical.

    He was partially disabled from a parachute malfunction. There was a flaw in the design and along with several members of his group he had knee injuries from that.

    However because there was no out processing physical; there are no records showing his disability from that time. And truthfully, everything is just messed up from there.

    I would appreciate any and all help if anybody else has went through the same circumstances that could point him in the right direction on clearing up the red tape.

    Thank you. :)
    Bleu
  2. Vike17

    Vike17 Member

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    Bleu,

    The Army normally doesn't let you finish clearing unless you have an ETS physical. The only way to get around this is for the service member to waive the ETS physical themselves. You may want to ask your brother if he did this.

    If your brother had an accident because of a 'parachute malfunction,' its a good bet that he al least went on sick call right afterthe incident. If he didn't, he certainly should have if he was hurt!

    At any rate, if he didn't have his knees checked out at anytime while he was on active duty and didn't have an ETS physical, then he'll need a medical opinion from a physician that states his current (insert diagnosis here) is 'at least as likely as not' the result of his accident while in the service. The physician must also state the he/she reviewed your brother's complete service medical records and medical records since disacharge. The doctor must also provide a rational as to why he/she came to such a conclusion. This rational must also be based on objective medical evidence, not soley based on subjective testimony from the veteran. When the medical opinion has these, then it becomes "probative" in the eyes of VA and is afforded the appropriate weight when it comes to evaluating evidence.

    I hope this helps!

    Vike 17
  3. stumpy

    stumpy New Member

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    I would suggest filing a claim with the VA ASAP. They will consider anything that is noted in the medical record. Getting a VSO to handle this is also a smart idea.

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