newsletter articles

AUGUST 2011

Life After Two Tours

Army Sergeant WH served two tours in Iraq in support of Operation Iraqi Freedom. WH was an integral part of a team that operated high technology cannon artillery weapons systems. Following a live fire exercise conducted in preparation for his first deployment, WH injured his back while carrying a piece of ammunition. Despite constant pain from this injury, WH still deployed with his unit to Iraq. 

During his two deployments to Iraq, WH participated in numerous combat patrols seeking out enemy combatants. WH was regularly exposed to blasts from improvised explosive devices and mortar rounds. On one occasion, WH was knocked unconscious from a mortar round that exploded within 40 or 50 yards from him. WH sustained a traumatic brain injury (TBI) that causes him to have severe and incapacitating headaches on a daily basis. WH also suffers from post-traumatic stress disorder (PTSD) and other physical injuries as a result of his combat experiences. 

In June 2010, WH submitted an application for Combat-Related Special Compensation (CRSC) to the U.S. Army Human Resources Command. CRSC is an extra tax-free benefit for eligible retired veterans with combat-related injuries. By this time, WH had already applied to NVLSP’s Lawyers Serving Warriors program (LSW) for free legal representation and after LSW evaluated his case, he was assigned a volunteer attorney, Geoffrey Tobias, from the law firm of Ober Kaler.

Prior to submitting the application for CRSC, Geoffrey Tobias was able to assist WH in securing a permanent disability retirement from the military and an increased disability rating from the Department of Veterans Affairs (VA). All that was left was for the volunteer attorney to assist WH in obtaining CRSC.  WH was denied CRSC in November 2010. Despite being awarded a Combat Action Badge for his participation and engagement in numerous fire fights during his two deployments in Iraq, and suffering from PTSD and TBI, the CRSC evaluators determined that WH did not sustain injuries that were combat-related. 

With the assistance of NVLSP attorneys David Sonenshine and Amy Fletcher, WH’s volunteer attorney prepared a more thorough and convincing argument in submitting a request for reconsideration to the CRSC Branch. The subsequent application included numerous pages of medical records and other documentation concerning how WH’s injuries were incurred. WH worked with his volunteer attorney to draft a detailed and compelling statement describing his various injuries and how they were sustained including his PTSD, TBI, and post-concussion headaches. The volunteer attorney also secured statements from other soldiers who served with WH and witnessed how his injuries were incurred. In support of the application for CRSC, WH’s volunteer attorney submitted a legal memo that described in detail how WH’s physical and mental injuries were combat-related.

In July 2011, WH received notice that the CRSC evaluators had re-evaluated his case and decided to award him CRSC. The 12-year veteran was finally going to receive the full spectrum of disability compensation for his combat-related injuries. Through the Lawyers Serving Warriors program, WH was able to receive free legal assistance that resulted in him being awarded a permanent disability retirement from the military, a higher disability rating and increased compensation from the VA, and now CRSC. For WH, the satisfaction in being awarded CRSC came not from knowing that he would receive an additional payment, but in knowing that the Army CRSC Branch had recognized his experiences in combat and how it had affected his physical and mental well-being.