Ratings received, combat related question

Discussion in 'Formal Physical Evaluation Board' started by sean6860, Apr 5, 2012.

  1. sean6860

    sean6860 PEB Forum Veteran

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    Today (5 April 2012) I received my ratings from my PEBLO. I received 30% Army and 40% VA yet on page 2 the 199, item 10c claimed my injuries were not a result of combat related injuries or something to that effect. A little backstory; I injured my knee twice before commissioning playing football at school. Both times required ACL/MCL/Meniscus repair/replacement my senior year of college. I then went on to commission as a butter bar and headed to fort benning to start my infantry training. I went through a year of training including: BOLC II, IBOLC, Airborne, CLS, combatives I, II, and II, and eventually went to Ranger school. In week two of mountains, I was out on a patrol and my knee basically collapsed under the weight I was carrying. I tore my ACL and MCL again and was subsequently dropped. I had surgery at Benning and transferred to a TRADOC unit there to heal up. Once healthy and cleared, I PCSed to my unit and about 6 months after arriving was in a brutal car accident that tore the ligaments in my knee again. This time it took four surgeries to fix me and the doc recommended Med-board. That was about a year ago and now I am finally about to finish up, yet I believe that even though I have not deployed, these injuries are still due to combat under:

    26 USC § 104 - COmpensation for injuries or sickness

    (3) Special rules for combat-related injuries
    For purposes of this subsection, the term “combat-related
    injury” means personal injury or sickness—
    (A)which is incurred—
    (i)as a direct result of armed conflict,
    (ii)while engaged in extrahazardous service, or
    (iii)under conditions simulating war; or
    (B)which is caused by an instrumentality of war.
    In the case of an individual who is not described in subparagraph (A) or (B) of paragraph (2), except as provided in paragraph (4), the only amounts taken into account under subsection (a)(4) shall be the amounts which he receives by reason of a combat-related injury.

    I guess my question is does anyone else have a similar case or recommendation as to how I should proceed? I have already contacted the MEB outreach lawyer on post and he is writing up my request for a formal board but from his demeanor I got the feeling my odds were about 50/50 on whether or not I could get this added. I appreciate any comments or suggestions. Thanks!
     
  2. sean6860

    sean6860 PEB Forum Veteran

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    The clause under which ranger school would apply would be either 3 A ii or 3 A iii I believe
     
  3. Ed Mercanti

    Ed Mercanti PEB Forum Veteran

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    I can be in ranger school and break my leg going to the mess hall. Thats not combat related. Falling while on the obsticle course would be considered combat related. So having an EPTS condition give out while on patrol would be a tough call. The fact that your knee was subsequently reinjured in a car accident further blurs the lines.
     
  4. NDBravehart84

    NDBravehart84 PEB Forum Veteran

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    Was the rating TDRL or PDRL?
     
  5. NDBravehart84

    NDBravehart84 PEB Forum Veteran

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    Was the rating TDRL or PDRL?
     
  6. sean6860

    sean6860 PEB Forum Veteran

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  7. NDBravehart84

    NDBravehart84 PEB Forum Veteran

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    Well that portion is good i guess, have you PM'ed JASON or MAPARKER about "item 10c claimed my injuries were not a result of combat related injuries or something to that effect." and get there opinon. Is your ultimate goal to qualify for CRSC?:confused:
     
  8. NDBravehart84

    NDBravehart84 PEB Forum Veteran

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    Is your Ultimate Goal to Qualify for CRSC ? :confused:
     
  9. sean6860

    sean6860 PEB Forum Veteran

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    Well, I am unsure. My PEBLO said that had it said combat related, my entire check from the Army would be tax free. As it currently stands, only the VA portion, $622, is tax free and the other amount Aprrox. $500 is still taxed. I am guessing that this is not CRSC and have tried to find the method of calculating the amount I would get with CRSC, but have had little success; most of the information is for vets with 20 years in. I only stand at four years in May. Would CRSC benfit my situation?
     
  10. grizz13

    grizz13 PEB Forum Veteran

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    It makes sense that they didn't put combat related since you had this injury before you join the service... If it were me I would not have given it either
     
  11. sean6860

    sean6860 PEB Forum Veteran

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    I was still able to enter and pass a PT test as well as was medically cleared to commission and deploy. I was fine prior to going to ranger school. The issue isnt whether I had the injury prior to commissioning; the issue is that my knee was reinjured in Ranger school and exacerbated from combat related conditions.

    Let's use your logic for not giving the 'combat-related' in a different example: I break my ankle playing high school football. I have surgery that winter and rehabilitate. I join the Army 6 months later after graduating high school. I then deploy and take some shrapnel in my ankle, yet do not deserve it according to your reasoning; it was also a prior condition and should not be awarded as combat-related.
     
  12. michigan0782

    michigan0782 PEB Forum Veteran

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    Sean I think it may be because you were injured stateside while training. Just seems odd that someone who was hurt overseas, in a combat zone gets combat related and all the "perks" and smoeone who got hurt playing war in the mountains in the United States would get teh same combat finding and "perks" I think thats the disparity that grizz13 may be going for......not sure though....
     
  13. sean6860

    sean6860 PEB Forum Veteran

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    Roger, I understand the point, but I am looking at it objectively and according to the 26 USC § 104 - Compensation for injuries or sickness. There is a disparity between the my case and someone who has deployed in a combat zone, so does that mean I should not pursue something of which I would be entitled according to United States Code? I should just sit back and 'take it'. I am not by any means trying to get more than my share of benefits, yet will pursue what I am eligible to get.

    Furthermore, the Army automatically assigns any injury resulting in the award of a purple heart as combat related, yet under the same clause is included 'as a direct result of armed conflict', 'while engaged in extrahazardous service', or 'under conditions simulating war'. So by 'playing war in the mountains' or the simulated combat environment undertaken at US Army Ranger School is by definition combat related.
     
  14. Ed Mercanti

    Ed Mercanti PEB Forum Veteran

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    Sean, you've obviously decided the Army is wrong in not considering your knee disability combat related. You've taken my example and likened it to someone with a preexisting condition getting a shrapnal wound to the EPTS disability area. Unfortunately, that is not the same as a preexisting disability giving out without being reinjured. On top of that you say you recieved medical treatment after your knee went out in Ranger training and your knee was "healed." After your knee was healed you had a car accident which again reinjured the same knee. Is your disability from your EPTS condition, your knee giving out during Ranger training, or the car injury? I used to prepare CRSC cases for consideration by the ABCMR and, I'm sorry to say, you haven't said anything which would lead me to believe the disability to your knee is combat related.
     
  15. badge4107

    badge4107 PEB Forum Veteran

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    Hey sean6860

    Just apply for CRSC! The worst that can happen is a denial which you may appeal. I am 40% CRSC due to a hostile event which occured in Iraq. On DD Form 2860 (CRSC Application) you are required to list the event for which the disability was incurred. By your post it seems you have a good shot at the "Simulating War" criteria. Magic document would be the LOD! Regardless of EPTS, if the injury was made worse by a war simulating training event. Remember that one must be drawing retirement pay...on PDRL in your case, and submit the proper documents. Sometimes all it takes for approval is the LOD. Allow 30 days to hear anything back.
     
  16. sean6860

    sean6860 PEB Forum Veteran

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    I guess the genesis of my thought process sprung from a conversation with my Med-Board doctor who prepared my NARSUM. He stated, "the Army made your knee worse so therefore does not need proof that the EPTS disability was instead related to Army or Army training". He did not specify whether he was talking solely about Service-connect or was including combat-related. I obviously do not have the experience of multiple cases or medboards, as this is really the only time I have went through the entire process, though when I was a commander I did have some basic knowledge of the matter when I constructed the soldier's Commander's statement. I really only have the regulations and from my understanding of them, it would be combat-related. I know I may sound redundant and keep referring back to the USC but that is really all I have to go on.

    As far as the EPTS surgeries and the car accident, you can really spin that many different ways and am interested to see what my lawyer has written on Monday. I could claim that I was never the same after the ranger school injury and had my knee not been in a weakened state from the injury in a simulated combat environment, it could have held up in the car accident. Where do you draw the line between a prior condition and the reinjury? Do you say they are all connected which could be the case, yet I know many current Army Officers that injured one or even both knees in college yet continue to serve. If they reinjure themselves, is that also considered prior existing? Ultimately, I guess my reasoning stems from my belief that as long as it was injured or worsened in any capacity that can be considered combat-related, the 199 should be designated as such. Maybe I am wrong, but it seems like the Army/VA would be skirting a fine-line trying to discrimnate between which injuries were combat related and which weren't concerning the exact same body part and ultimately make a determination which has greater weight: the comat related injury or the EPTS injury or the service connected injury.

    Additionally, the doctor in Fort Benning asked me if I wanted to pursue a med-board which I adamantly declined. So had I pursued the med-board while still at Benning, the lines would have been much clearer and I would have an easier time garnishing benefits from teh combat related clause. This seems grossly inaccurate, but we will see in a few weeks when I head to the FPEB. I will argue it because the worose they can tell me is no. Thanks for the replies.
     
  17. sean6860

    sean6860 PEB Forum Veteran

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    Thanks Badge, one question though: if you read one of my ealier posts, how exactly is CRSC calculated? Is it simply the same amount I will get from the Army disability rating, except tax-free? Thanks
     
  18. ranger2992

    ranger2992 Staff Member PEB Forum Veteran

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    You submit a CRSC form for each rated condition by the VA. Approved conditions will be paid, disapproved will not. In my case I was rated 30% Army and 60% VA. All my rated conditions were deemed combat related and I will have to file paperwork for each condition (5) once my terminal leave is complete. Check out this link to help you figure out what you will be paid.

    http://www.dfas.mil/militarymembers/woundedwarrior/disabledretireest.html

    For some reason it is not working right now. Just keep trying as it is on and off often.

    Joe
     
  19. sean6860

    sean6860 PEB Forum Veteran

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    Thanks Joe, But I put my info in with CRSC and then again without, same pay... so I wouldnt benefit from it then? High 36 is about $4000, 4 yrs and about three months estimated at the end of terminal leave. 30% is one condition from the Army which is the same condition i would apply for CRSC with. and then 40% from the VA. Both equal about $1200. Is there no difference for me if i get CRSC?
     
  20. sean6860

    sean6860 PEB Forum Veteran

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    After playing with the calculator a bit, it looks like my dollar amount only increased at 7 years and 4 months (went up to 1207). Maybe I wouldnt even benefit from the "combat related" designator?
     

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