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I am asking this because I was on the VA website and saw where it has me listed as having PTSD, but have it down as non-combat related since it stems from SGT Akbar (AKA Mark Kools) killing at least 2 and wounding 12-14 soldiers/officers at camp Pennsylvania before we went into Iraq. I know we weren't techniquely in combat yet since we were in Kuwait & not Iraq, but he was fighting against us so I would think that would make it combat related. What are your thoughts?
Operation Iraqi Freedom (OIF)
Combat
PTSD
Friendly Fire
Posted >1 y ago
Responses: 37
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If you haven't already , I would get in touch with a liason from the American Legion, DAV, or Order of the Purple Heart to assisit and advise you with any claims.
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SPC James Seigars
SSG Nick Tramontano AMVETS was my advocate when I went through this process. It took them three years to get it all done and I was told that if I chose DAV instead it would have happened sooner.
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Sad thing is, if a "known" figure (aka politician etc) was injured/killed in one of these attacks, I bet it would not be classified as "friendly".
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Combat related used to be simple to define; physical injury as result of direct and indirect enemy contact. Nowadays they added emotional and physiological damage in a combat theater of operations. Kuwait although a staging area isn't considered a combat zone. Neither is Qatar or Krygizastan(sp?) where we stage troops for OIF/OND/OEF. The victims of the Ft Hood shooting are non combat related PTSD even though it was a terrorist related attack.
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MAJ James Woods
Yeah I agree that the IRS has regulations to justify the tax free income of deployed military but that rule doesn't apply to how the DoD defines combat operations. That's why combat pay in Kuwait is lower than Iraq etc.
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Sgt Aaron Kennedy, MS
MAJ James Woods Combat Operations (DoD), and the VA's definition of "Combat" aren't the same. He's dealing with the VA which uses the same rules as the IRS (in general). It's a terminology confusion issue, but you have to use the terminology of the agency you are working with, not "common sense."
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You can always appeal it, and point out that it happened inside a Combat Zone. The VA's definition of Combat (Veteran) is different the "common knowledge" definition of Combat.
Kuwait is a Combat Zone according to VA regulations (the entire Gulf is since 1990~).
If they want to play the "technicality game" escalate it and use their own rules against them.
Kuwait is a Combat Zone according to VA regulations (the entire Gulf is since 1990~).
If they want to play the "technicality game" escalate it and use their own rules against them.
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SPC Nate Lamphier
I remember getting into Kuwait and having a mortar brief before our ride into Baghdad.....it was one of those "WTF, never even thought of that" moments...
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The lawyers would have a field day with this question. First off, sorry this happened to you. Being attacked by someone you should trust has to be traumatic. I would argue this with the VA. 1) Were you in a combat zone and being paid combat zone pay? 2) SGT Asshole aligned himself mentally and publically with the enemy. He was raised as a Muslim. He attacked what he believed were enemy Soldiers (Americans) with grenades, killing and wounding American forces. He also shot and killed a Soldier. He confessed to his crimes in court. During his trial, he convinced an MP to remove his cuffs to use the restroom. He then stabbed the MP in the neck before being wrestled to the ground. He was convicted of premeditated murder and is going through the appeals process.
The victims of Maj Hasan (Ft Hood) and those of the recruiting station at Little Rock in 2009 were awarded purple hearts. More recent victims of terrorist attacks in the US will also receive purple hearts – did you receive a purple heart for this?
I believe Akbar has two appeals left. Once his appeals are exhausted and his sentence is upheld, the president must order his execution, commute his sentence or pardon him. Given all these attacks, particularly the one on the MP back here in the States, he clearly (IMO) has aligned himself with our enemies. I view him the same as the Boston Bombers (I view him less than dogshit but that’s not the point).
So, if you are doing this for retirement pay reasons (more tax free pay), you may want to discuss this with a lawyer – arguing such a case by yourself against the VA would likely be futile. If you are simply curious and are wondering why, compose a letter to the VA and ask them (If you writing skills are not top notch, get some help composing it). Go through an advocate such as DAV (Disabled American Veterans). I hope all works out for you and I’m sorry this happened to you.
The victims of Maj Hasan (Ft Hood) and those of the recruiting station at Little Rock in 2009 were awarded purple hearts. More recent victims of terrorist attacks in the US will also receive purple hearts – did you receive a purple heart for this?
I believe Akbar has two appeals left. Once his appeals are exhausted and his sentence is upheld, the president must order his execution, commute his sentence or pardon him. Given all these attacks, particularly the one on the MP back here in the States, he clearly (IMO) has aligned himself with our enemies. I view him the same as the Boston Bombers (I view him less than dogshit but that’s not the point).
So, if you are doing this for retirement pay reasons (more tax free pay), you may want to discuss this with a lawyer – arguing such a case by yourself against the VA would likely be futile. If you are simply curious and are wondering why, compose a letter to the VA and ask them (If you writing skills are not top notch, get some help composing it). Go through an advocate such as DAV (Disabled American Veterans). I hope all works out for you and I’m sorry this happened to you.
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SPC James Seigars
CW4 Russ Hamilton. Thank you and it is mostly out of curiosity I ask this question. I do have Amvets as my advocate and they have helped a lot, though it took three years for my case to be approved.
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Apparently they think you were not engaged by the enemy you were going to fight.
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SPC James Seigars
That is true, SSG Thomas Livingston he wasn't the enemy we were going to fight. He was supposed to be one of us that was fighting that enemy.
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Did those killed or wounded receive Purple Hearts? Anyone get awarded a CAB due to the attack?
No, right? It didn't meet the definition.
It wasn't combat related, it was because of an attack by another service member.
It doesn't impact the percentage awarded, just the characterization.
"The VA Adjudications Procedures Manual M21-1MR (available on the VA website) defines combat as “personal participation in events constituting an actual fight or encounter with a military foe or hostile unit or instrumentality. It includes presence during such events either as a combatant, or service member performing duty in support of combatants, such as providing medical care to the wounded."
No, right? It didn't meet the definition.
It wasn't combat related, it was because of an attack by another service member.
It doesn't impact the percentage awarded, just the characterization.
"The VA Adjudications Procedures Manual M21-1MR (available on the VA website) defines combat as “personal participation in events constituting an actual fight or encounter with a military foe or hostile unit or instrumentality. It includes presence during such events either as a combatant, or service member performing duty in support of combatants, such as providing medical care to the wounded."
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Take your case to a VFW representative. They have a lot of experience in such matters. They can help you formulate your claim properly so that it contains key phrases that will give you a better chance.
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SPC James Seigars
Thanks, MSG Alfred Aguilar. I got 0% approved so it is in my record at least. The Am. Vets did my claim. Only took three years after I got out,
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MSG Alfred Aguilar
Very good. Also, be advised, because you are rated for 0% your children can attend a State university tuition free.
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SPC James Seigars
How about this phrasing TSgt Kenneth Ellis: do you consider something combat related only on the combat site/area/country we are fighting itself or is something that happens in the staging area/country that had allied itself to us prior also considered combat even though the US President/Congress hasn't officially declared a start to the war yet but the intention has been stated?
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TSgt Kenneth Ellis
I surrender. Now everyplace is a combate area. I never even considered if I was in a combate area or not. For a presumptive illness for the Gulf War and I have all the areas that were affected. And I was awarded an KLM so I feel I was part of the conflict. But I don't know if I understand the question. I was just as vulnerable to an attack maybe not from a missile or an invading army, but from sabotage.
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