Special Rules for Combat Veterans
Proving “In Service Occurrence or Aggravation of a Disease or Injury”
Combat veterans have a huge advantage when attempting to prove the second element for
service connection of a disability, in service occurrence or aggravation of a disease or
injury. Claims for service connection of a combat related condition receive special treatment
under VA law. They receive favorable treatment because in combat situations, military record
keeping may be deficient. Records that might normally have been created might not have been
created, or once-existing records might have been destroyed. Records that are made may not be
complete. Therefore, if a combat veteran states that he or she suffered a disease, injury, or
stressor event during combat, the VA must generally accept that statement as fact. This is true
even if there are no service records that support the statement.
In the case of any veteran who engaged in combat with the enemy in active service with a
military, naval, or air organization of the United States during a period of war, campaign, or
expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or
injury alleged to have been incurred in or aggravated by such service satisfactory lay or other
evidence of service incurrence or aggravation of such injury or disease, if consistent with the
circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no
official record of such incurrence or aggravation in such service, and, to that end, shall resolve
every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may
be rebutted by clear and convincing evidence to the contrary. The reasons for granting or
denying service-connection in each case shall be recorded in full.
The special rules lower the burden on the veteran to show that the injury, disease, or event
during service that the veteran claims led to the current disability in fact happened. This is
sometimes called proving incurrence or aggravation in service. Section 1154(b) does not remove
the need to prove the other two requirements for service connection: competent evidence of
current disability and competent evidence of a relationship between the current disability and the
in-service precipitating injury, disease, or event. Medical evidence, not lay evidence, is nearly
always needed to satisfy those two requirements for a grant of service connection. For example,
if a combat veteran seeking service connection for a shoulder disability states that he landed with
great force on the shoulder after being knocked to the ground by a shell blast, then under Section
1154(b), his statement is likely to be sufficient proof that the incident happened. For service
connection to be granted, however, the veteran will also need to present medical evidence of a
current shoulder disability and medical evidence of an etiological link between the current
shoulder problem and the combat injury. Section 1154(b) does not help the veteran meet those
two requirements.
In addition, the relaxed evidentiary standards in Section 1154(b) only apply to incidents that
are combat related. They do not apply to veterans who did not engage in combat and they do not
apply when combat veterans are trying to prove the occurrence of noncombat incidents.
The Prerequisite for Section 1154(b) to Apply: The In-Service Incident Occurred While
the Veteran Was Engaged in Combat
A preliminary question in any claim potentially involving the application of 38 U.S.C.S.
1154(b) and 38 C.F.R. 3.304(d) and (f) is to determine whether the in-service event occurred
while the veteran was engaged in combat with the enemy. This determination is critical because
it is a prerequisite for the relaxed evidentiary standards for combat veterans to apply. The
evidentiary standards and procedures in Section 1154(b) do not apply to the determination of
whether a veteran had combat service.
The VA is not required to accept the veterans statement that he or she was in combat. The
veterans statement is, however, required to be weighed and considered when the VA determines
whether a veteran engaged in combat. The VA cannot impose a requirement that there must be
corroboration of a veterans statements as to his combat service because there is no statutory or
regulatory basis for such a requirement. Corroborating evidence, however, can help persuade the
VA to accept a veterans statement that he or she was in combat.
There are several ways to corroborate the veterans statement about combat service so the VA
will agree. First, the veterans service records may indicate that the veteran engaged in
combat. Evidence of this kind will usually be considered conclusive of combat experience.
An example of this kind of evidence of combat is a combat military occupational specialty
(MOS) or the grant of certain military decorations, awards, or citations. One of the following
individual decorations will be considered by the VA as evidence of participation in combat: Air
Force Cross; Air Medal with V Device; Army Commendation Medal with V Device; Bronze Star
Medal with V Device; Combat Action Badge; Combat Action Ribbon; Combat Aircrew Insignia;
Combat Infantryman Badge; Combat Medical Badge; Distinguished Flying Cross; Distinguished
Service Cross; Joint Service Commendation Medal with V Device; Medal of Honor; Navy
Commendation Medal with V Device; Navy Cross; Purple Heart; Silver Star. The absence of
one of these decorations does not mean that the veteran did not engage in combat.
In 2005, the Army created a new award, the Combat Action Badge, in response to the growing
number of military personnel in Iraq and Afghanistan who are exposed to enemy attacks (i.e., car
bombs, improvised explosive devices, rocket propelled grenades, mortar attacks, missiles), but
who do not qualify for either the Combat Infantryman Badge or the Combat Medical Badge. The
Combat Action Badge can be awarded to any member of the armed forces who personally
engage the enemy or are engaged by the enemy during combat and are not attached to a unit that
would qualify the soldier for the Combat Infantryman Badge or the Combat Medical Badge.
Branch and MOS are immaterial to the award of the Combat Action Badge. The complete award
criteria for the Combat Action Badge is below.
Many combat veterans have inaccurate or incomplete service records. Their combat experience
may not be documented, for example, because assignment to a combat unit or to operations
involving threatened contact with the enemy was temporary. In these cases, advocates should
attempt to obtain, or have the veteran obtain, other evidence which would support a finding that
the veteran was engaged in combat. Other supportive evidence may include the fact that the area
or base in which the veteran served was attacked by the enemy, even if the veteran was not
directly exposed to fire. Supportive evidence may also include evidence that the veteran received
hazardous duty pay or buddy statements about combat from fellow participants. The VAs duty to
assist requires the VA to inform claimants as to the types of information that may help support
their claims including the use of buddy statements for corroboration and alternative sources for
service records.
The VA cannot conclude the veteran did not engage in combat simply because a veteran did not
have a MOS, award, or decoration indicating combat.
AWARD CRITERIA FOR COMBAT ACTION BADGE
I. DESCRIPTION: A silver badge 2 inches (5.08cm) in width overall consisting of an oak
wreath supporting a rectangle bearing a bayonet surmounting a grenade, all silver. Stars are
added at the top to indicate subsequent awards; one star for the second award, two stars for the
third award and three stars for the fourth award.
II. SYMBOLISM: In keeping with the spirit of the Warrior Ethos, the Combat Action Badge
provides special recognition to Soldiers who personally engage the enemy, or are engaged by the
enemy during combat operations. The bayonet and grenade are associated with active combat.
The oak wreath symbolizes strength and loyalty.
III. AWARD ELIGIBILITY: The Combat Action Badge (CAB) may be awarded by any
commander delegated authority by the Secretary of the Army during wartime or the CG, U.S.
Army Human Resources Command and will be announced in permanent orders.
(1) The requirements for award of the CAB are Branch and MOS immaterial. Assignment to
a Combat Arms unit or a unit organized to conduct close or offensive combat operations, or
performing offensive combat operations is not required to qualify for the CAB. However, it is
not intended to award all soldiers who serve in a combat zone or imminent danger area.
(2) Specific Eligibility Requirements:
a. May be awarded to any soldier.
b. Soldier must be performing assigned duties in an area where hostile fire pay or imminent
danger pay is authorized.
c. Soldier must be personally present and actively engaging or being engaged by the
enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.
d. Soldier must not be assigned/attached to a unit that would qualify the soldier for the
CIB/CMB.
(3) May be awarded to members from the other U.S. Armed Forces and foreign soldiers
assigned to a U.S. Army unit, provided they meet the above criteria.
(4) Award of the CAB is authorized from 18 September 2001 to a date to be determined.
Award for qualifying service in any previous conflict is not authorized.
(5) Subsequent awards:
a. Only one CAB may be awarded during a qualifying period.
b. Second and third awards of the CAB for subsequent qualifying periods will be indicated
by superimposing one and two stars respectively, centered at the top of the badge between the
points of the oak wreath.
(6) Retroactive awards for the CAB are not authorized prior to 18 September 2001,
applications (to include supporting documentation) for retroactive awards of the CAB will be
forwarded through the first two star general in the chain of command to CG, U.S. Army Human
Resources Command, ATTN: AHRC-PDO-PA, Alexandria, VA 22332-0471.
(7) Wear policy is contained in Army Regulation 670-1.
(8) Soldiers may be awarded the CIB, CMB and CAB for the same qualifying period,
provided the criteria for each badge is met. However, subsequent awards of the same badge
within the same qualifying period are not authorized.
IV. DATE APPROVED: On 2 May 2005, the Chief of Staff, Army, approved the creation of
the CAB to provide special recognition to soldiers who personally engage, or are engaged by the
enemy. HQDA Letter 600-05-1, dated 3 June 2005, announced the establishment of the Combat
Action Badge.
V. SUBDUED BADGE: Subdued badges are authorized in metal and cloth. The metal badge
has a black finish. The cloth badge has olive green base cloth with the bayonet, grenade, oak
wreath and border of the bar embroidered in black.
VI. MINIATURE BADGES: A dress miniature badge, 1 1/4 inches (3.18 cm) in length is
authorized for wear on the mess uniforms. A miniature badge, 1 3/4 inches (4.45 cm) is also
authorized in lieu of the regular size badge.