PTSD can be a
service connected disability. PTSD also qualifies as a disability for
entitlement to Improved Pension. For health care information see the Veterans
Health Administration website on PTSD.
The circumstances of a stressor can be very unusual -
The VA always holds to this:
"If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.
In contrast, "Where ...VA determines that the veteran did not engage in combat with the enemy...the veteran's lay testimony, by itself, will not be enough to establish the occurrence of the alleged stressor." See Zarycki v. Brown, 6 Vet. App. 91, 98 (1993).
The ordinary meaning of the phrase "engaged in combat with
the enemy," as used in 38 U.S.C.A. § 1154 (requires that a
veteran have participated in events constituting an actual
fight or encounter with a military foe or hostile unit or
instrumentality. VAOPGCPREC 12-99 (Oct. 18, 1999). Where a
determination is made that the veteran did not engage in
combat with the enemy, or the claimed stressor is not related
to combat, the veteran's lay testimony alone will not be
enough to establish the occurrence of the alleged stressor.
See Moreau v. Brown, 9 Vet. App. 389, 395 (1996). In such
cases, the record must contain corroborative evidence that
substantiates or verifies the veteran's testimony or
statements as to the occurrence of the claimed stressor. See
West v. Brown, 7 Vet. App. 70, 76 (1994). The requisite
additional evidence may be obtained from the veteran's
service medical records or from other sources. Moreau at
395. Service department evidence that the veteran engaged in
combat or that the veteran was awarded the Purple Heart
Medal, Combat Infantryman Badge, or similar combat citation
will be accepted, in the absence of evidence to the contrary,
as conclusive evidence of the claimed in-service stressor.
VAOPGCPREC 12-99 (Oct. 18, 1999)."
A buddy statement or the veteran's lay statements can support a stressor if the veteran did not directly engage in combat.
However a buddy statement must contain description of the actual stressor, and give details as to how the buddy (Unit and MOS) was also present at the stressor as an eyewitness.
A buddy should give VA their phone number and email address as well as their address and the VA often calls buddies for more details.
Whether the veteran has a buddy statement or is depending on their lay statement describing a stressor-
if they did not engage in combat and have the awards on their DD 214 as within the above BVA statement, the veteran must give the VA enough information to prove the where and when of the stressor as well as that fact that they were they.
JS RRC (formerly CUrr) Joint Services Records Research Center depends on detailed accounts in order to support proof of a stressor.
NVLSP makes the point that just about every vet in Vietnam was within range of mortars and often within rocket range.
"A PTSD claim involving mortars and rockets must be put in the context of the personal involvement of the veteran."
For example was their duty section or barracks a direct hit and damaged by mortar?
How frequent were the attacks? Did the veteran's unit suffer casualties from the attacks?
When did these mortar attacks occur?
Law - VA Service Connected Disability Compensation
Everything Veterans Affairs does with your service connected disability compensation claim, is goverened by law. You may want to bookmark this page as a reference as you proceed with your claim.
It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar, V.A. frequently requested manuals are listed below Read More...
BVA Case Search
If you would like to conduct an on-line search of BVA's decisions, enter the word or group of words you are looking for in the block below. From the resulting list, you can connect directly to individual decision texts or you can return to this page to conduct additional searches. Decisions are current through April 16, 2007.
Veterans Claims Self Help Guide
I have compiled this guide to help veterans understand the VA a little more on how, why, and what is needed to ultimately succeed with their compensation claims. I have also compiled this guide after years of experience in helping other veterans obtain their deserved benefits. - Vike17
To establish service-connection:
There are two types of service-connection
Direct
Presumptive
There are three requirements to establish Direct service-connection for residuals of injuries and diseases;
First, allow me to introduce myself with some background info. I am a veteran, a nurse, a woman, and decide VA disability claims.
I share many of the frustrations of veterans when I see claims that have not been properly or expeditiously decided. It is my mission to correct these where possible. I have called errors on prior decisions and awarded benefits back to the original claim date. I'm sure that I also have made errors and hope others have caught and corrected these.
nces, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.