I Request a Higher Level Review on the basis that the veteran has satisfied the requirements for service connection.

1. The veteran's awards and decorations include the Combat Action Ribbon. As receipt of the Combat Action Ribbon denotes that the veteran engaged in combat with the enemy and entitles him to relaxed evidentiary standards under 38 U.S.C.A. § 1154(b) and 38 C.F.R. § 3.304(f)

*If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor. 38 C.F.R. § 3.304(f)

1. The Veteran is shown to have a current medical diagnosis in accordance with 38 C.F.R. § 4.125(a) [i.e., a diagnosis under DSM-V] of Post Traumatic Stress Disorder (PTSD) related to his combat experience in service, diagnosed by ****** ******* PhD

*Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a) [i.e., a diagnosis under DSM-V; a link, established by medical evidence, between current symptoms and a stressor event in service; and credible supporting evidence that the claimed stressor event in service occurred. 38 C.F.R. § 3.304(f).

Discrepancies: 1. Decision letter 06/09/2022 states the VA examiner is Quoted stating his stressor as related to the va was "fear" (a stressor related to the fear of hostile military or terrorisy activity). The veterans stressor is "combat" which has been conceded by the VA. see decision letter dated 07/22/2021 "Favorable Findings indentified in this decision: A stressor is conceded based on combat. Your DD214 shows you received a Combat Action Ribbon". The contracted VA examiner did not identify or adequately describe the claimed stressor of "combat".

*VIII.iv.1.A.3.j. Establishing a Stressor Related to Combat~ Note: If the Veteran does not expressly state the nature of the stressor, assume the stressor is combat-related if the Veteran received one of the combat decorations cited in M21-1, Part VIII, Subpart iv, 1.A.3.h, and request service personnel records as discussed in M21-1, Part VIII, Subpart iv, 1.A.2.e.

1. Decision letter 06/09/2022 states the VA Examiner indicated the claims file was reviewed and was given more weight due to this indication; resuling in the veterans claim for service connection to remain denied. However, the original examiners assesment/examination dated June 17, 2021 is only adequate in relation to the original claim. The Supplemental Claim (opened 05/04/2022) included New and Relevant Evidence including a pathology of a diagnosis of combat related PTSD. This new and relevent information was not reviewed by the VA Examiner as it would not be part of the claims file or be part of the veterans available medical record at the time of the original claim for combat-related PTSD (decision letter dated 07/22/2021). The VA Examiners assesment/examination in relation to the Supplment Claim dated May 4, 2022 and the weight assigned to it is insufficient as it does not take in consideration the new pertinent evidence.

2. Decision letter 06/09/2022 indiactes "The only document Dr. ******* **** indicated was reviewed was from the claims file was the DD Form 214". **** ******* PhD showed the records reviewed on page 2 section 7 (clinical findings) as the following: The Veterans Medical Records (Blue Button), DD214, Previous Ratings, Anxiety/Depression/PTSD screening measures, Statement of Support Claim, and Clinical interview, enlisted records, probationary discciplinary action.

The Veterans has previously submitted evidence showing a current medical diagnosis of PTSD with a Stressor Related to Combat consistent with the circumstances of his combat service, reciept of a Combat Action Ribbon, a lay testimony detailing the occurrence. ****** ****** provided a diagnosis of PTSD and that the claimed condition was at least as likely as not (50% chance or greater) incurred in or caused by military service. The veteran was awarded a Combat Action Ribbon (denoting he engaged in combat). He served in the Marine Corps during the Gulf War Era from 04.09.2002 to 04.08.2006. The veteran's DD Form 214 Member - 4, indicate that during this time frame his military specialty (MOS) was 0351, which was Assultman, (MOS deleted 30 September 2020), and that he was stationed at 1st Battalion, 7th Marines Marine Air Ground Task Force Training Command 29 Palms CA 92278 and deployed in support of Operation Iraqi Freedom (OIF) 20030321-20031002.

Please service connect and rate on the basis that the veteran has satisfied the requirements for service connection.

*edited: removed names *