Could I get in trouble, sued or legal?

meathead320

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If I were to help another from my company by writing a statement for a VA claim, one where I would be admitting to giving him a very hard blow to the head during a barracks boxing match, that led to him vomiting shortly after, that might be causing him problems even today; is there any trouble legal or civil I could be in from having possibly caused him brain injury? Would I face any repercussion all these years later? This was in 2003 during pre-deployment training. We were all just blowing off steam, put on a pair of novelty HULK gloves and had a boxing match with all out buddies cheering us on. Well, I was very strong and a steroid abuser at the time. I knocked him out, and when he came to a few second later he started vomiting. I found out recently that he hasn't been doing well at all these years later. He has all the symptoms of a guy who suffered a serious concussion that was never diagnose. It was only about a month after the event happened that has was becoming incompetent with tasks that had been easier for him in the past, he was removed from the jobs he was doing and put on more menial tasks, never got promoted again before his discharge. Everyone thought he was basically stupid and had simply slipped through Basic and made it to a point where his incompetence was finally exposed. I'm now questioning that, or if it was that boxing match with me that essentially altered his life. He has struggled with his civilian life as well. He's in a bad way these days, and I am gutted that he's in such rough shape. The boxing match was caught on tape as well. I want to write a statement that he could use to receive VA compensation if he ends up being diagnosed with a traumatic brain injury - one which I suggested he seek. I realize it's selfish of me to be concerned for myself at all in this, but I have a wife and 3 kids. Is there any trouble I could be in for the damage caused by our boxing all these years later? Legal? Civil?
 

oddpedestrian

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The VA makes their own determination on wilful misconduct in deciding a claim I do not know what they would say in this circumstance. Check your own state laws on statue of limitations for a civil suit. I wouldn't provide a statement until the VA makes a determination on misconduct if not and they want to verify the event to service connect then I would provide a statement.
 

Jason Perry

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If I were to help another from my company by writing a statement for a VA claim, one where I would be admitting to giving him a very hard blow to the head during a barracks boxing match, that led to him vomiting shortly after, that might be causing him problems even today; is there any trouble legal or civil I could be in from having possibly caused him brain injury? Would I face any repercussion all these years later? This was in 2003 during pre-deployment training. We were all just blowing off steam, put on a pair of novelty HULK gloves and had a boxing match with all out buddies cheering us on. Well, I was very strong and a steroid abuser at the time. I knocked him out, and when he came to a few second later he started vomiting. I found out recently that he hasn't been doing well at all these years later. He has all the symptoms of a guy who suffered a serious concussion that was never diagnose. It was only about a month after the event happened that has was becoming incompetent with tasks that had been easier for him in the past, he was removed from the jobs he was doing and put on more menial tasks, never got promoted again before his discharge. Everyone thought he was basically stupid and had simply slipped through Basic and made it to a point where his incompetence was finally exposed. I'm now questioning that, or if it was that boxing match with me that essentially altered his life. He has struggled with his civilian life as well. He's in a bad way these days, and I am gutted that he's in such rough shape. The boxing match was caught on tape as well. I want to write a statement that he could use to receive VA compensation if he ends up being diagnosed with a traumatic brain injury - one which I suggested he seek. I realize it's selfish of me to be concerned for myself at all in this, but I have a wife and 3 kids. Is there any trouble I could be in for the damage caused by our boxing all these years later? Legal? Civil?

There are many potential legal issues that you raise in your question. Remember, nothing on this site should be taken as legal advice.

We do provide a forum where folks can offer their input. Here are my thoughts and input. They are limited by only knowing what you have stated and the fact that I do not know all of the details of the situation.

As for criminal issues, seems to me that in almost any circumstance that I could think of, the statute of limitations has passed by many years. I don't know your current military status, but, even for UCMJ purposes, seems to me the time for any prosecution would have passed many years ago.

Much of this is the same as to the civil liability issues. Seems to me that the only potential way you could face liability is if the person you hit sued you. You mentioned a "barracks boxing match." Sounds like this might have been an "unofficial" or unsanctioned event. This raises the stakes for you, but, still, it seems doubtful that any claims against you would be within the statute of limitations.

I can't say that you could never have any problems. But, also seems to me you could write something up that omits the problematic pieces. Steroid use/abuse? Why include that? That fact would not help the Soldier from your company and would be fairly irrelevant as to the service connection or duty related nature of his disability.

Supposing that there are issues that somehow get past the statute(s) of limitations, you may have some immunity based on several legal doctrines.

Bottom line, I doubt you could be on the hook for conduct that occurred in 2003.

I hope that the Soldier/fellow unit member gets his due benefits, compensation, and treatment for his disabilities. Seems to me he should qualify for at least VA compensation.
 

chaplaincharlie

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I would suggest you consult a lawyer and leave the details for that conversation. He/she could guide you as to what you should write and what you should omit.
 
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