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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19182
Experience:  Lawyer and current JAG officer.
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I was allowed to enlist in 1986, with hearing loss outside

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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.



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