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!
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!