How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18790
Experience:  Lawyer and current JAG officer.
Type Your Military Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I was allowed to enlist in 1986, with hearing loss outside

This answer was rated:

I was allowed to enlist in 1986, with hearing loss outside the accepted parameters of the DOD. I re-enlisted in 1988 and then served in the Gulf War. My
hearing loss claim was denied, partly because they stated it was present before service, and partly because they said no evidence of aggravation by service. Can I sue for allowing my enlistment?

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.'


No, you can't sue the military for allowing you to enlist. The Feres Doctrine prevents you from being able to sue the military at all, based on your service or decisions made by the government concerning your service.


On the issue of receiving disability benefits for your hearing loss, for you to receive it from the military you have to show that military service actually had something to do with your hearing loss. If you already had hearing loss when you joined and there is no evidence that anything about military service made your hearing loss worse, or the progression more severe, then there really isn't a legally viable VA claim against the military either.



Allen M., Esq. and other Military Law Specialists are ready to help you

Related Military Law Questions