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?
Willful Misconduct And Ptsd
1 reply to this topic
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.