Combat veterans receive favorable treatment when it comes to proving that their disability was the result of an in-service occurrence or aggravation of a pre-existing disease or injury (the second element for service connection). The reason for this favorable treatment is because military records may not have been well-documented in combat situations. Also, even if records are made during a combat situation, the records may not be complete.
So how does a veteran go about proving they were in combat? A veteran who is trying to prove that they were in combat, usually just needs to provide a statement that says the veteran suffered a disease, injury, or stressor event during combat. The VA must consider the veteran’s statement when determining whether the veteran engaged in combat. However, keep in mind that the VA is not required to accept the veteran’s statement as fact. Although there is no rule that says a veteran has to provide evidence that supports his statement, supporting evidence can help persuade the VA to accept the veteran’s statement that they were in combat. Examples of supporting evidence include: a combat military occupational specialty (MOS); the grant of certain awards such as the Combat Infantry Badge, Medal of Honor, and Purple Heart (among many other awards); evidence that the veteran received hazardous duty pay; and buddy statements about combat. Additionally, the VA’s duty to assist requires them to notify veterans about the type of information that may help show combat experience.
Once a veteran has shown that they were engaged in combat, the fight isn’t over. The next hurdle is that the veteran’s statements must satisfy three requirements: (1) the statements must be satisfactory or credible; (2) the statements must be consistent with the conditions, circumstances, and hardships of service; and (3) there cannot be any clear and convincing evidence that shows the in-service disease, injury, or event did not occur during service. If the veteran’s statements meet these three requirements, then the VA must accept the statement. Let’s look at each requirement a little closer:
- Statements must be satisfactory – The U.S. Court of Appeals for Veterans Claims (CAVC) defines satisfactory as “credible, plausible, or capable of being believed.” In other words, the veteran’s statement must be reasonable, and it must be possible that the events described in the statement happened.
- Statements must be consistent with conditions of service – Here, the VA must give the veteran the benefit of the doubt if the evidence showing the statement is consistent with conditions of service is at least equal to any evidence that the statement is not consistent. So, as long as the unfavorable evidence does not outweigh the veteran’s evidence, the veteran will meet requirement #2.
- Clear and convincing evidence that shows the disability or event did not occur in-service: This is a very high standard of proof for the VA to meet. If the veteran meets requirement #1 and #2 above, the VA must accept the statement and the veteran doesn’t need to worry about requirement #3.
After a veteran proves combat status, the special service connection rule applies. A combat veteran does not have to prove that an in-service event occurred. However, they still have to prove the other two requirements for service connection (current disability and a nexus). An example of how proving combat status helps a veteran’s claim would be when a veteran with a PTSD claim needs to prove that a stressor occurred. If a veteran can show they were engaged in combat and also that his evidence meets the three requirements discussed above, he will be able to more easily establish that an in-service stressor event occurred.
Also, it is important to note that if a combat veteran is trying to prove the occurrence of a noncombat incident, the special rule for service connection does not apply.
