Board Failed To Consider Whether The Veteran Was Entitled To The Combat Presumption

Board Failed To Consider Whether The Veteran Was Entitled To The Combat Presumption

The Board found that a Veteran was not entitled to service connection for a gastrointestinal disability because neither his separation examination, nor any in-service treatment records, documented a gastrointestinal condition.  The Court found that the Board erred when it failed to consider whether the Veteran’s lay statements should be afforded the statutory protections afforded by 38 U.S.C. § 1154(b), since the Veteran was a combat veteran.  A lay statement from a combat Veteran, in some instances, should be considered sufficient to warrant service connection even without any official records.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins