EPTS: what this means to you
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL
Physical or mental disabilities that make you unfit may have existed prior to you entering military service. Causes of EPTS conditions include:
- hereditary or congenital defects
- injuries with an inception before entering active service
There is a presumption that pre-existing conditions have been service-aggravated; however, this presumption can be overcome if the PEB determines that it is clear and unmistakable that the worsening of any condition followed the natural progression of the pre-existing injury or disease.
- if you have less than eight years of total active service (see the blog post on the Eight Year Rule) you may be separated without disability benefits
By law, the Military only compensates for those conditions that were caused by, or permanently aggravated as a result of military service.
To appeal a finding of EPTS it is important to have representation on your side to:
- present medical evidence that your condition did not exist prior to entering service
- provide medical evidence documenting that military service permanently aggravated a pre-existing condition
