Disability and service separation - Disabled Persons

Soldiers Magazine, Oct, 2003 by Steven Chucala

Soldiers discharged for disability may apply to the Department of Veterans Affairs for lifetime oversight to increase the ratings if their condition worsens. The agency cannot decrease the disability percentages awarded by the Army.

Soldiers being evaluated for a disability may also encounter the acronym "EPTS" EPTS indicates that a medical condition existed prior to service but was not permanently aggravated by military duty and therefore the soldier is ineligible for disability benefits. "Presumption of Fitness" is a finding that a soldier is not entitled to benefits because a medical condition that otherwise could have been determined to make a soldier unfit did not preclude the performance of duty up to the time the soldier was processing for separation.

Other Legal Considerations

The disability program has many complex aspects, that ranging from taxation to distribution of disability pay incident to divorce. People needing advice should seek help from their local legal-assistance attorneys.

Steven Chucala is chief of client services in the Office of the Staff Judge Advocate at Fort Belvoir, Va.