My husband was medically retired on 01/2014 with a permanent physical disability and a rating of 50%. My husband occurred a back injury while deployed for Operation Iraqi Freedom . He was injured while carrying a 50 Cal, wearing his Kevlar and helmet. This injury also caused him to have stomach issues as he medicated with Tylenol and ibuprofen which in turn messed up his stomach. I feel he also has ptsd but he will NOT claim it. He is not the same man that left when deployed, he came back broken.
The Orders to medically retire him state that under :
1. "Disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law"
It states this is a NO.
2. "Disability resulted from a combat related injury as defined in 26 USC 204": NO
We feel because he was at OIF his injury was caused by an instumentality of war but they say NO. Not sure what "combat related injury" means . If that statement was changed to a "YES" would his percentage of disability be safe and would he qualify for other benefits if the #1 statement above was a "YES".
Should we pursue getting it changed to "yes" ? We do not have the funds to hire a lawyer but thought maybe we could get help from a VSP.
Any help or direction would abe appreciated!
THANK YOU ALL FOR YOUR SELFLESS SERVICE! I ADMIRE YOU ALL!
The Orders to medically retire him state that under :
1. "Disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law"
It states this is a NO.
2. "Disability resulted from a combat related injury as defined in 26 USC 204": NO
We feel because he was at OIF his injury was caused by an instumentality of war but they say NO. Not sure what "combat related injury" means . If that statement was changed to a "YES" would his percentage of disability be safe and would he qualify for other benefits if the #1 statement above was a "YES".
Should we pursue getting it changed to "yes" ? We do not have the funds to hire a lawyer but thought maybe we could get help from a VSP.
Any help or direction would abe appreciated!
THANK YOU ALL FOR YOUR SELFLESS SERVICE! I ADMIRE YOU ALL!