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Military & Veteran Lawyer > Blog > Resources > Combat-related injury determinations made by the PEB; AR 535-40

Combat-related injury determinations made by the PEB; AR 535-40

Army Regulation 635-40, para. 4-19(j) Armed conflict—instrumentality of war.

Certain advantages accrue to those who are retired due to disability and later return to work for the Federal Government when it is determined that the disability for which retired was incurred under specific circumstances. These advantages concern preference eligible status within the Civil Service system (Title 5, United States Code, Section 3501, (5 USC 3501)).

(1) The disability resulted from injury or disease received in LD as a direct result of armed conflict and which itself —a).

The disability was incurred while the Soldier was engaged in armed conflict, or in an operation or incident involving armed conflict or the likelihood of armed conflict; while the Soldier was interned as a prisoner of war or detained against his will in the custody of a hostile or belligerent force; or while the Soldier was escaping or attempting to escape from such prisoner of war or detained status.

(b)  A direct causal relationship exists between the armed conflict or the incident or operations, and the disability.

(2) The disability is unfitting, was caused by an instrumentality of war, and was incurred in LD during a period of war as defined by law. The periods of war as defined in 38 USC 101 and 301 are shown below: (The statute does not include the action in Grenada).

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