
Certain laws and regulations direct VA to recognize that service treatment records (STRs) may not document events, illnesses, or injuries incurred during combat. For example, 38 CFR 3.304, Direct service connection; wartime and peacetime, in (d) states:
Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions, or hardships of such service even though there is no official record of such incurrence or aggravation.
For example, if service personnel records indicate the claimant was likely in combat situations, the evidence for events, illness, or injuries may have to come from other sources. The purpose of this evidentiary rule is to accommodate the unarguable difficulty a Veteran encounters in gathering conclusive evidence of an injury or increase in the severity of a preexisting condition sustained under the rigors of combat or as a prisoner of war.
When combat service is noted by VBA, the Veteran's or Servicemember's lay evidence becomes an important source of evidence for a C&P examination. You must consider this lay evidence regarding signs or symptoms that occurred during combat even if there is nothing in the service treatment records documenting the claimed in-service event, injury, or disease.
When a Veteran or Servicemember has had combat service verified by VBA, it is usually noted on the Examination Request form with text similar to this.