The circumstances of a stressor can be very unusual-
but 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, "[w]here ...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 ;ay statements can support a stressor if the veteran did not directly engage in combat.
However a buddy statement must contain decription of the actual stressor, and give details as to how the buddy (Unit and MOS) was also present at the stressor as an eye witness.
A buddy should give VA their phone number and email addy 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?
Question
Berta
I have posted this info here before but it bears repeating.
The VA defines a stressor causing PTSD in distinct terms:
http://www.va.gov/vetapp08/files1/0803402.txt
http://www.va.gov/vetapp08/files1/0803298.txt
http://www.va.gov/vetapp08/files1/0802855.txt
The circumstances of a stressor can be very unusual-
but 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, "[w]here ...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 ;ay statements can support a stressor if the veteran did not directly engage in combat.
However a buddy statement must contain decription of the actual stressor, and give details as to how the buddy (Unit and MOS) was also present at the stressor as an eye witness.
A buddy should give VA their phone number and email addy 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?
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