Proving Combat under 1154(b)
For both physical and mental injuries it’s well worth proving that the injury was proved in combat since there are relaxed standards for in service incurrence of injury when an injury is sustained during combat with the enemy during active service. 38 USC 1154(b). The rules for proof as to whether combat with the enemy occurred are relatively veteran friendly in that absolute proof often isn’t available but can be sufficiently proven with other types of evidence. For instance, the VA isn’t required to just accept the veteran’s statement on this issue at face value, however such statements must be weighed and considered. More to the point, the CAVC has found that the VA can’t just find that the statements aren’t credible or entitled to weight merely due to the lack of corroborating evidence. While such evidence is highly encouraged it won’t always be available. The veteran and their advocate