The Mid-Atlantic Regional Group

Blinded Veterans Association

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Clarification of H.R. 5892

We have received numerous responses to our request for you to contact your representatives in support of H.R. 5892. The majority of responses appear to have resulted from a misinterpretation of the portion of the bill that clarifies "combat veterans" for the purpose of service connection for disabilities incurred in combat, as those veterans who served in a "combat theatre of operations." Let us therefore explain the bases behind this provision and the beneficial effect it would have on numerous claims that result from disabilities incurred in combat. When veterans claim service connection for disabilities incurred as a result of combat, whether physical or mental, and those disabilities are not shown in their service records, then VA is requires those veterans to first prove they were exposed to combat through official military records. However, as we all know, many veterans cannot prove exposure to combat through official records, if for no other than for poor recordkeeping by military branches.

One portion of H.R. 5892, as currently written, would presume exposure to combat for any veteran that served within the borders of a combat theatre of operation, thereby eliminating VA's requirement of proof for such exposure by official records. Consider service connection for post-traumatic stress disorder (PTSD) as an example. The law currently requires a veteran to prove through medical evidence that he/she has (1) a diagnosis of PTSD; (2) a verified combat stressor; and, (3) a medical link between the stressor and the diagnosis. In order for a veteran to prove he/she has a combat stressor, that veteran must usually prove through "official military records" that he/she was involved in direct combat through receipt of certain combat awards, unit records, after action reports, etc. The first provision in H.R. 5892 would eliminate the requirement that a veteran prove exposure to a combat stressor through official records only.

This kind of legislation does not come around often; we need your help to ensure its passage. Nonetheless, only one provision of this bill deals with combat veterans. All other provisions of H.R. 5892 apply to VA's entire disability claims process and have a real prospect of improving the disability compensation system. The other provisions of this bill are however, simply too lengthy to explain here. Nonetheless, DAV fully supports this bill because it will make considerable improvements in VA's claims process.