38 Usc 1154 ( B )

[deltaj]

Could someone put up a link to 38 USC 1154? This law is one which V.A. seems to disregard often. In section ( b ) of 38 USC 1154, V.A. is supposed to service connect conditions for veterans who have engaged in combat with the enemy. I believe that V.A. considered this law when V.A. granted my father service connection for a hearing loss from WWII. Dad's records had burned in the fire at the National Personnel Records Center but he submitted a copy of his DD214 Army discharge showing he had been stationed in Italy, Belgium, and North Africa during WWII and had 2 bronze stars. My dad also submitted a statement explaining that he served in the tank corps in North Africa and that his service-connected hearing loss was so severe that he was offered hearing aids when he was discharged from the Army. THE LESSON HERE FOLKS IS THAT IF YOU KNOW A VETERAN WHOSE RECORDS BURNED IN THE FIRE AT THE NATIONAL PERSONNEL RECORDS CENTER IN 1972, AND THAT VETERAN STILL HAVE HIS DD214 MILITARY DISCHARGE SHOWING COMBAT THAT VETERAN SHOULD TALK TO A SERVICE OFFICER ABOUT 38 USC 1154 AND WHETHER HE SHOULD FILE A NEW CLAIM FOR SERVICE CONNECTION OR SHOULD TRY TO REOPEN HIS PRIOR DENIED CLAIM FOR SERVICE CONNECTION BASED ON NEW AND MATERIAL EVIDENCE INCLUDING A COPY OF HIS DISCHARGE AND A SIGNED STATEMENT FROM THE VETERAN ABOUT HIS EXPERIENCE WITH COMBAT AND HOW HIS DISABIITY WAS INCURRED OR AGGRAVATED BY MILITARY SERVICE.

Edited October 25, 2009 by deltaj

[Seadog]

Determinations as to Whether a Veteran “Engaged in Combat With

the Enemy” for Purposes of 38 U.S.C. § 1154(:D

Is this the latest regulation that the DVA is supposed to follow? I have a copy dated October 18, 1999. I have searched high and low and can't find a newer revision.

[broncovet]

It sounds like they burned up those regulations in the 1972 St. Louis fire, because that would just cost the VA too much money.

[Seadog]

I think your right. Would sure like to know if, and how many claims have been won using this.

[deltaj]

Determinations as to Whether a Veteran “Engaged in Combat With

the Enemy” for Purposes of 38 U.S.C. § 1154(B)

Is this the latest regulation that the DVA is supposed to follow? I have a copy dated October 18, 1999. I have searched high and low and can't find a newer revision.

This isn't a regulation, it's a law. Simply search online for United States Code. Then tap the link and search under 38 USC 1154.

[deltaj]

Determinations as to Whether a Veteran “Engaged in Combat With

the Enemy” for Purposes of 38 U.S.C. § 1154(B)

Is this the latest regulation that the DVA is supposed to follow? I have a copy dated October 18, 1999. I have searched high and low and can't find a newer revision.

38 USC 1154 is a law in the United States Code.

[Berta]

http://www.hadit.com/VA_General_Counsel_Pr...2_glossaryid/78

Defining “engaged in combat” OGC Pres 12-99 (1999)

http://veterans.house.gov/news/PRArticle.aspx?NewsID=375

Subcommittee H VAC testimony re: 38 USC, 1154 (B) March 30 2009.

Sizemore V Principi 18 Vet App 264,272 2004

(finding BVA erred in failing to apply the above General Counsel Pres Op.)

Moran V Peake – in a combat zone or general conbat are was not sufficent to establish participation in combat.

http://edocket.access.gpo.gov/2009/E9-20339.htm Federal Register liberalizing rule proposed for PTSD stressors as to hostile enemy actions etc.

The discussions on this proposed rule in veterans community seem to believe this was only proposed for Iraq/Afganistan veterans.

http://ptsdcombat.blogspot.com/2009/03/con...t-ptsd-act.html

further info on this proposed rule:

It still kicks back however for proof that the veteran engagaed in combat with the enemy or was within

the criteria to witness or had reason to fear eminent possible hostile or terrorist activity.

I have no status on this proposed reg and the Federeal Register site is down for maintenance.

Many combats awards have failed to make it onto DD 214s.

If the vet sends application for correction (DD 149 form) to specific address on back of the form,this could produce a DD 215 containing more awards.

Often a vet's only way to prove they engaged with the enemy directly would be by obtaining buddy statements.

Most Units have web sites and can be one source of finding a buddy. Sometimes just by googling their name something could crop up.

I never mentioned here before this possible way to find buddy-

I use occasionally Intelius and also two on- line detective web sites-for personal reasons-both have fees for these searches-however the fees are not exorbitant and one could possibly find a buddy this way too.

I never gave thought over the years here at hadit when I used these sites for another reason-that this too is one more way to possibly find a buddy.

A Buddy statement has to contain certain specifics.I posted topic here on what they need to contain.