United States Federal Circuit

Denial of a veteran's claim for service connection for post-traumatic stress disorder (PTSD) is affirmed where the term "engaged in combat with the enemy" in 38 U.S.C. section 1154(b) requires that the veteran have personally participated in events constituting an actual fight or encounter with a military foe or hostile unit or instrumentality, as determined on a case-by-case basis.

Appellate Information

• Decided 05/02/2008
• Published 05/02/2008

Judges

• MOORE, Circuit Judge., Before LINN, DYK and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.


• For Appellees:
  
• J. Reid Prouty, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director.   Of counsel on the brief was David J. Barrans, Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC.