I came into the Army in 2001 on a medical waiver for a previous knee surgery, now my knee has progressively gotten worse although it has been 10 years I have now started a medical board, how will this affect me in anyway? I have been told that since I signed a waiver that means I will just be discharged without any type of compensation. Anyone know the truths about this situation?
Came in the Army on medical waiver
- Thread starter mford019
- Start date
navygirlblue
PEB Forum Regular Member
I also came in on a medical waiver for 2 previous knee surgeries in 2002. I believe that the catch is proving that it is service aggravated.
10 USC 1207a provides that if you are on active duty and have at least 8 years of active duty, you will be compensated if discharged for an unfitting condition.
1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions
(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.
(b) A member described in subsection (a) is a member with at least eight years of active service.
If you are not on active duty with at least eight years of active duty, then service aggravation would make the conditon compensable.
Mike
1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions
(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.
(b) A member described in subsection (a) is a member with at least eight years of active service.
If you are not on active duty with at least eight years of active duty, then service aggravation would make the conditon compensable.
Mike