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Category: Military Law
Satisfied Customers: 68
Experience:  Sworn to the California Bar in 2011. Former staff editor at The New York Times Co. and seasoned news professional of 20 years experience in the U.S. and abroad.
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I was in the military but had epts under honorable

Customer Question

i was in the military but had epts under honorable conditions would i still be considered a veteran
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no i have not yet
JA: Please give me a bit more information, so we can help you best.
Customer: they found i had hep b during a major hospitalization
JA: Is there anything else important you think the Military Lawyer should know?
Customer: i went to the hospital for hsv encephalitis
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Submitted: 7 months ago.
Category: Military Law
Expert: replied 7 months ago.

Hi! My name is ***** ***** I’ll try to provide some helpful perspective.

Keep in mind I am licensed in California ONLY, but I am also I am accredited by the VA: be aware, however, that we cannot provide legal advice in this forum, rather only speak about law generally.

I know of no reason previously existing medical conditions would affect the character of your discharge or status as a veteran.

Of course, conditions that existed prior to active duty are excluded from coverage under VA disability claims.

Induction records, i.e. the physical, should have recorded any medical conditions existing to the time.

The VA has an affirmative duty to help you gather evidence, such as your military records, in order to assist you in any claim.

Exclusion based on prior existing conditions requires the VA produce evidence from military records or other medical records of you to indicate the condition was in existence when you were inducted.

Keep in mind, to be compensable from the VA, disabilities must arise from injuries that are service connected.

There are a lot of free resources available for veterans to assist them in their claims, and I urge you to seek them out.

Good Luck!

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