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Gold Star sibling and fellow soldier urge Congress to act after loss of loved one

Gold Star sibling and fellow soldier urge Congress to act after loss of loved one

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Gold Star sibling and fellow soldier recount the loss of their loved one and urge Congress to act

When SSG Alex Conrad died in Somalia, he left behind many that loved him, including his sister Christie Palcisko and his fellow soldier Sam Rogers. Alex’s death was difficult to bear, especially given he died in combat in a country that the U.S. isn’t technically at war in.

Following the recent anniversary of Alex’s death, Christie and Sam reflected in Newsweek about Alex’s dedication to service and the questions they were left with after he died.

Before Alex left, he assured his family it was going to be a short deployment, but he was excited to again earn combat pay. Alex knew what he was getting into; knew that the U.S. Army’s role in advising and assisting in Somalia would likely include combat. The question none of us seem to have a clear answer to is, “Why?”

The United States has been at war for a long time. We operated in Somalia in the 1990s, shifted focus to Afghanistan after Sept. 11, 2001, expanded the “war on terror” to Iraq in 2003, and far beyond Iraq in the years since. Somalia has once again become a place where American troops go to fight and sacrifice, though there is little understanding of what they are doing there.

For decades, America’s men and women in uniform have been sent to far off places in support of vague missions. And while they continue to fight and lose their lives, Congress continues to shirk its responsibility to vote on military engagement.

Christie and Sam continue:

Our country’s overreliance on endless war and Congress’ refusal to put an end to it is irresponsible and wrong. America is blessed to have men and women who serve selflessly in our defense, ready to sacrifice everything to preserve and defend our freedom. And it should stand to reason that our congressional leaders could muster enough courage to put even some skin in the game by voting on military engagement and repealing outdated authorizations for military action.

After all, members can be found at Memorial Day parades, academy graduations, military funerals, and Veterans Service Organization (VSO) events, so they should also be found on the House or Senate floor voting on the operations they rightfully praise our military for completing.

Congress has a duty to vote on when and why our troops are sent into harm’s way so that more families and friends aren’t left questioning why their loved ones are dying overseas.

Read the rest of Christie Palcisko and Sam Rogers’ piece on military engagement in Somalia in Newsweek.

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Single Judge Application; pain; functional loss; If pain causes functional loss, it “must be rated at the same level as if that functional loss were caused by some other factor.” Mitchell v. Shinseki, 25 Vet.App. 32, 37, (2011); For an examination to adequately capture functional loss, the examiner must opine whether pain could significantly limit functional ability and, if feasible, portray that opinion “‘in terms of the degree of additional range-of-motion loss due to pain on use or during flare-ups.’” Sharp, 29 Vet.App. at 32 (quoting Deluca v. Brown, 8 Vet.App. 202, 206 (1995));

Single Judge Application; pain; functional loss; If pain causes functional loss, it “must be rated at the same level as if that functional loss were caused by some other factor.” Mitchell v. Shinseki, 25 Vet.App. 32, 37, (2011); For an examination to adequately capture functional loss, the examiner must opine whether pain could significantly limit functional ability and, if feasible, portray that opinion “‘in terms of the degree of additional range-of-motion loss due to pain on use or during flare-ups.’” Sharp, 29 Vet.App. at 32 (quoting Deluca v. Brown, 8 Vet.App. 202, 206 (1995));

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Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-6885
BILLY MOSLEY, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before TOTH, Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
TOTH, Judge: Navy veteran Billy Mosley seeks a rating higher than 10% for his back
disability, for the period from January 22, 2010, to October 19, 2017, and ratings higher than 10%
for a left and a right knee disability, for the period since January 22, 2010.* When rating joint
disabilities, the Board should rely on VA examinations that consider whether and to what extent
pain, or other factors listed in 38 C.F.R. §§ 4.40 and 4.45, limit a veteran’s ability to function.
Sharp v. Shulkin, 29 Vet.App. 26, 32 (2017). Mr. Mosley argues that a May 2010 VA exam is
inadequate to properly rate his functional loss and that the Board’s assessment of functional loss is
not supported by an adequate statement of reasons or bases.
For the back disability, the Secretary concedes that the Board didn’t explain why it relied
on the May 2010 exam to rate the veteran’s back disability for the period between January 2010
and October 2017, as that exam did not adequately portray the extent of the veteran’s functional
loss for that period. The Court accepts this concession and remands as to that matter. With respect

The veteran raises no argument as to the Board’s denial of a rating in excess of 40% for his back disability
for the period since October 19, 2017, so any appeal as to

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