
Pentagon Limits Claims for Combat-Related Injury
David Zucchino | Los Angeles Times
Marine Cpl. James Dixon was wounded twice in Iraq - by a roadside bomb and a land mine. He suffered a traumatic brain injury, a concussion, a dislocated hip and hearing loss. He was diagnosed with post-traumatic stress disorder.
Army Sgt. Lori Meshell shattered a hip and crushed her back and knees while diving for cover during a mortar attack in Iraq. She has undergone a hip replacement and knee reconstruction and needs at least three more surgeries.
In each case, the Pentagon ruled that their disabilities were not combat-related.
In a little-noticed regulation change in March, the military's definition of combat-related disabilities was narrowed, costing some injured veterans thousands of dollars in lost benefits - and triggering outrage from veterans' advocacy groups.
The Pentagon said the change was consistent with Congress' intent when it passed a "wounded warrior" law in January. Narrowing the combat-related definition was necessary to preserve the "special distinction for those who incur disabilities while participating in the risk of combat, in contrast with those injured otherwise," William J. Carr, deputy undersecretary of defense, wrote in a letter to the 1.3-million-member Disabled American Veterans.
The group, which has called the policy revision a "shocking level of disrespect for those who stood in harm's way," is lobbying to have the change rescinded.
Michigan Democrat Carl Levin, chairman of the Senate Committee on Armed Services, said the Pentagon's "more conservative definition" limited benefits for some veterans. "That was not our intent," Levin said in a statement.
He added: "When the disability is the same, the impact on the service member should be the same no matter whether the disability was incurred while training for combat at Fort Hood or participating in actual combat in Iraq or Afghanistan."
Pentagon officials argue that benefits should be greater for veterans wounded in combat than for "members with disabilities incurred in other situations (e.g., simulation of war, instrumentality of war, or participation in hazardous duties, not related to combat)," Carr wrote.
But veterans such as Dixon and Meshell said their disabilities were a direct result of wounds suffered in combat.
Dixon said he was denied at least $16,000 in benefits before he fought the Pentagon and won a reversal of his noncombat-related designation.
"I was blown up twice in Iraq, and my injuries weren't combat-related?" Dixon said. "It's the most imbecile thing I've ever seen."
Meshell, who is appealing her status, estimates she is losing at least $1,200 a month in benefits. Despite being injured in a combat zone during an enemy mortar attack, she said, her wounds would be considered combat-related only if she had been struck by shrapnel.
Meshell said the military had suggested that at least some of her disability was caused by pre-existing joint deterioration. "Before I went over there, I was fine - I was perfectly healthy," Meshell said. "This whole thing is causing me a lot of heartache."
Kerry Baker, associate legislative director of Disabled American Veterans, has accused the Pentagon of narrowing the definition of combat-related disabilities to save money.
www.baltimoresun.com/news/nation/bal-te.combat14dec14,0,1772974.story