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Willful Misconduct And Ptsd


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#1 GOVERNOR

 
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Posted 10 October 2011 - 11:25 AM

Hello;



Could a previous Service Connected Rating for PTSD act as an excuse (or exclusion) for a finding of Willful Misconduct when filing subsequent Disability Claims...ie. case of Simple Assault (by Mutual Consent) while on Active Duty - for resultant injuries such as Concussion, Headaches, etc?


Thank You.




#2 john999

 
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Posted 10 October 2011 - 11:44 AM

You are saying you got injured in a fight and you want to claim SC for the injuries? If the injuries were due to willful misconduct according to the military you would have to appeal that finding I think, but I don't know for sure. The best way to find out is to file a claim for those injuries. See what happens. If the injuries are in your medical records then I would file on them. Did you get an honorable discharge?f Others may have a different opinion. The willful misconduct was the fight. The injuries resulting may still be service connected. I don't think having PTSD will get you off the hook for anything in the military.