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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My father was inducted into the US Army 1943 with one

Customer Question

My father was inducted into the US Army 1943 with one kidney. In 1952-53 he died of kidney failure. My understanding is he should have been reject entry into the .army. s there any recourse?
Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.

Unfortunately, there is likely no recourse. First, you'd have to prove that his death was service connected. Was he in the army at the time of death? Second, because this happened in 1953, the statute of limitations would almost certainly preclude a lawsuit. Finally, under the Ferris line of cases, he/his heirs would be precluded from a negligence suit related to his enlistment.

You can petition the VA as his heir, but because of the time that has lapsed, I wouldn't predict much success.

Good luck.

Customer: replied 1 year ago.
Thank you.
Expert:  Peter Griesch replied 1 year ago.

You're very welcome.

Expert:  Peter Griesch replied 1 year ago.

Do you have any additional questions? If not, when you have a chance, would you please rate me? I do not receive any credit for my response until I am rated.

Thanks, ***** ***** let me know if I may be of further assistance.

Expert:  Peter Griesch replied 1 year ago.

Good morning. Just a reminder to please rate me when you have a chance. Thanks

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