How Do You Know If an Incident Occurred While “Engaged In Combat”?
It’s already been established that combat veterans who attempt to get their in-service injuries service-connected are not required to provide as much evidence throughout the VA claims process as a non-combat veteran would. Because of this, it is absolutely critical that the VA accurately determines whether or not the event happened while the veteran was “engaged in combat with the enemy.” But how do they make this determination?
Proving that an injury or illness occurred while in combat may be more difficult because the VA is not required to accept the veteran’s statement that they were in combat as fact. They are, however, required to weigh and consider the veteran’s statement when making this important determination.
According to the U.S. Court of Appeals for Veterans Claims, the veteran doesn’t have to provide evidence corroborating their statement. However, any VA disability attorney should note that corroborating evidence would certainly be helpful in persuading the VA to accept the veteran’s statement that they were engaged in combat.
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Ways to Corroborate a Veteran’s Statement about Their Combat Service
- The veteran’s combat service may be indicated on their service records. This can include documentation of any combat decoration, citation, or reward.
- Any evidence that shows that the area or base the veteran was in was attacked by the enemy. Whether or not the veteran in question was directly exposed to fire does not matter.
- Any documentation that the veteran received hazardous duty pay.
- “Buddy statements” from fellow soldiers regarding the veteran’s inclusion in combat.
Again, a good VA disability attorney will note that even if a veteran cannot provide any of this corroborating evidence, it does not necessarily mean that the VA will determine that the veteran was not engaged in combat. When going through the VA claims process, each veteran’s case and circumstances will be individually considered and assessed. If you have questions, contact Texas disability lawyer Marc Whitehead at 800-562-9830.
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