Brannan volunteered for the U.S. Army in 1968.
He excelled in basic training and, in Officer
Candidate School, developed occupational specialties
as a parachutist and trained as a Forward Observer 3
in the artillery division of an airborne unit. RX127 at
673–756. In 1970, Brannan was stationed in Chu
Lai, Vietnam as a First Lieutenant. Id. at 722, 748.
Within days of his arrival, Brannan’s unit was
engaged in intense combat. RX130 at 1642. From
June 1970 to December 1970, Brannan was
responsible for “controlling and adjusting artillery
fire in close support of an infantry company under
combat conditions in a counter-insurgency
environment.” RX127 at 749. During the second half
of 1970 and the first few months of 1971, Brannan
was in the field for all but seven days. Id. at 761.
During that time, Brannan served with soldiers who
confirmed in the state habeas proceeding that their
platoon saw extensive combat and suffering, and
explained Brannan’s leadership role. Id. at 635–56;
RX152 at 8300, 8306; RX124 at 205, 213.
Brannan’s fellow soldiers, who never testified at Brannan volunteered for the U.S. Army in 1968.
He excelled in basic training and, in Officer
Candidate School, developed occupational specialties
as a parachutist and trained as a Forward Observer 3
in the artillery division of an airborne unit. RX127 at
673–756. In 1970, Brannan was stationed in Chu
Lai, Vietnam as a First Lieutenant. Id. at 722, 748.
Within days of his arrival, Brannan’s unit was
engaged in intense combat. RX130 at 1642. From
June 1970 to December 1970, Brannan was
responsible for “controlling and adjusting artillery
fire in close support of an infantry company under
combat conditions in a counter-insurgency
environment.” RX127 at 749. During the second half
of 1970 and the first few months of 1971, Brannan
was in the field for all but seven days. Id. at 761.
During that time, Brannan served with soldiers who
confirmed in the state habeas proceeding that their
platoon saw extensive combat and suffering, and
explained Brannan’s leadership role. Id. at 635–56;
RX152 at 8300, 8306; RX124 at 205, 213.
Brannan’s fellow soldiers, who never testified at and remained plagued with guilt over these deaths
decades later. RX152 at 8265; RX125 at 365. One of
Brannan’s immediate commanding officers died when
he stepped on an explosive device. RX127 at 641–42,
813, 832, 825; RX124 at 206. Upon hearing the
explosion, Brannan rushed his team to the location
and immediately “assumed command of the
company.” RX127 at 642, 749. Subsequently, he was
praised: “On two separate occasions LT Brannan
unhesitatingly assumed command of the company
when it had lost its company commander. LT
Brannan has done an outstanding job in a combat
environment.” Id. at 749–50. He received two Army
Commendation Medals and a Bronze Star, one of the
nation’s highest awards for meritorious service in
combat. RX28 at 1330–31; RX34 at 2712–17.
At the end of 1970, Brannan was transferred
from his Forward Observer position to the position of
Executive Officer. RX127 at 727. In mid-1971, this
tour of duty in Vietnam ended, and he returned
home. Id. at 738, 767.
B.
Brannan’s combat experience forever altered his
personality and his life. Although he initially reentered
civilian life, he soon began to manifest signs
of serious mental illness. His condition worsened
from an initial diagnosis by the VA of PTSD and
partial disability rating in 1984, to a diagnosis and
rating of 100% disability as a result of service-5
connected PTSD in 1991, retroactive to 1990.1
He
also was diagnosed by his VA psychiatrist as
suffering from Bipolar Disorder in 1994. RX128 at
900, 910; RX129 at 1253.
VA doctors documented Brannan’s deteriorating
condition, his increased withdrawal from society, his
inexplicable behavior and “bizarre” speech, and his
“continued and chronic depression.” RX128 at 930,
1159; RX129 at 1373. In early 1989, his VA
psychiatrist noted that Brannan was “preoccupied
with total aspects of the Vietnam conflict, in which
he served as a point observer, to the point of giving
up employment, perhaps a marital relationship, and
limiting his contacts with society as a whole except
for Vietnam veterans.” RX128 at 922. Brannan was
then hospitalized for several weeks for treatment
“centered on psychotherapy dealing with PTSD
issues” and “mood disturbance.” Id. at 927; RX129 at
1344. The staff found Brannan to be depressed and
chronically suicidal. RX128 at 1164.
1 Under VA guidelines, a declaration of 100% disability from
PTSD requires “[t]otal occupation and social impairment, due to
such symptoms as: gross impairment in thought processes or
communication; persistent delusions or hallucinations; grossly
inappropriate behavior; persistent danger of hurting self or
others; intermittent inability to perform activities of daily living
(including maintenance of minimal personal hygiene);
disorientation to time or place; memory loss for names of close
relatives, own occupation, or own name.” 38 C.F.R. § 4.130.
According to the VA, when Brannan was first deemed 100%
disabled, only 6% of veterans receiving compensation for any
disability were rated as 100% disabled. RX155 at 9160. 6
Brannan’s VA psychiatrist concluded th