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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Bva And Relaxed Stressor

Question

On May 17th,2010 the BVA made these 2 decisions referencing th new stressor criteria. These might help someone here understand the new regs.

Case # 1

http://www4.va.gov/vetapp10/files1/1008493.txt

“The provisions of 38 U.S.C.A. § 1154(:huh: do not allow a combat

veteran to establish service connection with lay testimony

alone, however. Rather, the statute relaxes the evidentiary

requirements for proving certain events alleged to have

occurred during service when there is no official record. It

cannot be used to etiologically link the alleged service

event to a current disability. Gregory v. Brown, 8 Vet. App.

563, 567 (1996).”

“Because the response from the Vet Center did not specifically

document what efforts it took to locate the Veteran's claimed

treatment reports, and in order to give the appellant every

consideration with respect to the present appeal and to

ensure due process, it is the Board's opinion that further

development of the case is necessary.

Accordingly, the case is REMANDED for the following action:” etc

remanded due to what appears to be DTA error.

CXase #2

http://www4.va.gov/vetapp10/files1/1008955.txt

"The Board notes that the Veteran has not alleged stressors

related to combat exposure, and service records show no

evidence of combat exposure. Based upon this evidence, the

Board finds that the Veteran is not entitled to the relaxed

evidentiary standard of proof regarding events that occurred

during combat pursuant to 38 U.S.C.A. § 1154(B), and

verification of his alleged PTSD stressors is required for

service connection to be granted in this case. See 38 C.F.R.

§ 3.304(f) (2009); Zarycki, 6 Vet. App. at 93; see also

Collette v. Brown, 82 F.3d 389 (1996). A review of the

service records shows the Veteran served as an ordnance

mechanic aboard the USS Kittyhawk. Service treatment records

show sutures for a head laceration in June 1972.

The Board has considered all available evidence in evaluating

the Veteran's claim, and the Board finds the evidence of

record to be sufficient to corroborate the Veteran's

stressors. Because the Veteran has a diagnosis of PTSD

linked to a corroborated, in-service stressor, the Board

finds that service connection for PTSD is warranted.

ORDER

Service connection for PTSD is granted."

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