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Defense Ministry must compensate commando for health problem By Anshel Pfeffer, Haaretz Correspondent Tags: Israel News, IDF  The Haifa District Court last week ruled on the appeal of a member of an elite unit in the Israel Navy that circumstantial evidence was enough to link his medical problems to his military service. The precedent-setting ruling recognized that soldiers in elite units often do not complain about their various pains, and therefore when they do report symptoms, even a long while after their onset, the reports should be accepted. The Defense Ministry had refused to grant compensation to the soldier, identified only as A., who said he developed a tumor during his military service. The ministry said there was no proof that it was caused by his service in the Shayetet, Israel's elite naval commando unit. However, the ministry did recognize that a back injury the soldier had suffered stemmed from his service. Advertisement Although A. had suffered severe pain in his lower back and knee during his service, he did not go to a military doctor, but rather continued his difficult service in the unit. He continues to serve in that unit in the reserves. Only toward the end of his service did he see a doctor about the pain, revealing a benign tumor in his calf, for which he underwent surgery. After his discharge from the navy, A. continued to suffer pain that made it difficult for him to walk. The Defense Ministry argued that there was no evidence the physical exertion of his service had damaged his health because he did not report any injuries during his service, and therefore he should not receive any disability compensation. The panel, headed by court deputy president Judge Shulamit Wasserkrug, ruled that circumstantial evidence of the type of service the soldier had gone through could result in the kind of ailment the soldier suffered from. The court stated that the Defense Ministry would have to prove that the damage was not caused by military service. The ruling also stated that circumstantial evidence would be given more weight, since the type of service does not lend itself to the possibility of complaining about physical ailments. "It was important to me mainly that the army and the Defense Ministry take responsibility, less for the compensation," A. said. "I served for five and a half years and what happened, happened. If my condition gets worse, I want to know that I will be taken care of without having to run after anybody. I don't want the impression to be that soldiers in the unit can't complain about their pains, but when you're in an intense environment there is physical distress and its hard for soldiers and commanders to know where to draw the line. What is important here is the way the Defense Ministry deals with it afterward." A.'s attorney, Merav Weiss, said the importance of the ruling was that it "gave credit to people who volunteer for these elite units" and did not delve into the finer points of whether or not they complained in the past. Bookmark to del.icio.us   Stop Islamic terror Muslim cleric and Orthodox Rabbi denounce plot to bomb New York Jewish centers. Keep Temple Mount Islamic Movement blasts bid to relinquish sovereignty over Temple Mount.

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