PEB Forum Regular Member
PEB Forum Veteran
6. Severance pay enhancement IAW 10 USC 1212 results if the condition has been "incurred in line of duty in a combat zone" or incurred during the performance of duty in combat-related operations (direct result of armed conflict). "Incurred" means that the ILOD condition had its medical origin while the Soldier was in the combat zone. The designation is normally to be applied only to a "very special, yet limited, subset of those who matriculate through the Disability Evaluation System." Conditions that have been diagnosed or determined to have had their inception prior to deployment to a combat zone are normally not considered to have been incurred in the combat zone even if the condition may appear worse after deployment or is first diagnosed. Conditions that exist (do not have to have been officially diagnosed) before deployment to a combat zone that have been aggravated by combat zone deployment, to the extent that the service member’s condition is clearly only unfitting because of the deployment, can be determined to have been incurred in the combat zone. The PEB must weigh the evidence and reach their best determination, based on the preponderance of the evidence, in accordance with the unique facts of each case. If the service member receives such a designation the service member receives a minimum of 6 years military service for computation of severance pay and the VA will not reduce their compensation based on the military severance pay. The Army uses para 10d/V-4 to designate this finding.I got a copy of my PEB memo saying unfit for five things. Next to each thing listed it said V1-NO, V3-Yes, and V4-Yes. For each condition it said that after and it changed up like for two it had same number but all yes, or two no and yes. Does anyone know what this mean? My Peblo said she didn't know it was probably a VA Code.
7. The above is a guide to be used in determining the proper designation of disabilities as combat related (10a/V-1, 10c/V-3, or 10d/V-4). Whether the disability is designated as such will usually depend upon the facts and circumstances in each particular case. The PEB must make a factual determination based on the preponderance of the evidence. It is not necessary that, in each case, the evidence of how the unfitting condition was incurred be documented in the HREC at the time of the injury. The PEB has the requirement to weigh all the evidence and make logical evidence based findings. The PEB’s findings that the conditions are combat related can be based solely on the Soldier’s testimony/statement when that testimony is determined to be reasonable and is not contradicted by other evidence. Definitions have been provided to help in most determinations, but they cannot effectively cover every situation or occurrence. On designations that may be questionable it would be helpful to include the rationale for the combat related decision on the DA Form 199. If more than one disability is listed on the DA Form 199 at block 8b, or section IV of the E-PEB version, the 10a/c/d-V1/3/4 designations do not automatically apply to all listed unfitting disabilities. Unless the written rationale concerning the injury or disease is one that clearly describes a particular type of "combat related" classification (example: rationale describes how bullet wound severed nerve in firefight = direct result of armed conflict), the PEB should indicate, after each unfitting condition in block 8b, whether the condition was "combat related" and, if so, what particular combat related condition caused it."