Yaron, a 28-year-old individual represented by attorney Yoav Almagor, faced a daunting battle to prove his disability claim. The Ministry of Defense initially rejected his claim, arguing that his health history, including a head injury at age 13 and a brain tumor, led to his seizure rather than his military service. However, Yaron refused to give up and appealed the decision through his lawyer.
During the trial before the Peace Court in Rishon Lezion, Yaron presented an affidavit describing his grueling military service as a fighter in field intelligence. He underwent combat training and placed observation ambushes on the Lebanese border while also completing rigorous tasks during a commanders’ course. During this time, he suffered an epileptic fit that led to his dismissal from the course. Since then, he has been struggling with functional disorders and anxiety and takes medication for epilepsy and anxiety, experiencing side effects such as increased fatigue.
An expert neurologist provided medical evidence supporting Yaron’s claim, stating that exposure to extreme conditions during military service likely contributed to his epilepsy despite his previous medical history. The Ministry of Defense presented a conflicting opinion, claiming that the seizure was due to preexisting conditions rather than military service. However, an independent expert appointed by the court agreed with Yaron’s position, indicating a high probability that stressful conditions triggered the epilepsy diagnosis.
Ultimately, after much deliberation, the Ministry of Defense withdrew its opposition and acknowledged that there was a connection between Yaron’s military service and his epilepsy. This decision sets a precedent for other cases involving similar challenges in proving disability claims while upholding principles of Israeli jurisprudence. The court will now determine Yaron’s disability percentages according to the law.
Attorney Almagor hopes this case will serve as an inspiration for other soldiers facing similar difficulties in proving their disability claims.
In conclusion, Yaron’s determination not to give up on proving his disability claim paid off when he was able to present evidence showing that exposure to extreme conditions during military service likely contributed to his epilepsy despite preexisting medical history. This case sets an important precedent for future cases involving similar challenges while also upholding principles of Israeli jurisprudence.
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