“On August 24, 2009, VA published in the
Federal Register (74 FR 42617) a proposal to modify the evidentiary
standards for establishing an in-service stressor when a veteran files
a claim for service connection for PTSD. We proposed to add a new
paragraph (3) to 38 CFR 3.304(f) to state that, if a stressor claimed
by a veteran is related to the veteran's fear of hostile military or
terrorist activity and a VA psychiatrist or psychologist or contract
equivalent confirms that the claimed stressor is adequate to support a
diagnosis of PTSD and that the veteran's symptoms are related to the
claimed stressor, in the absence of clear and convincing evidence to
the contrary, and provided the claimed stressor is consistent with the
places, types, and circumstances of the veteran's service, the
veteran's lay testimony alone may establish the occurrence of the
claimed in-service stressor. This evidentiary liberalization is
consistent with the American Psychiatric Association's (APA) Diagnostic
and Statistical Manual of Mental Disorders, Fourth Edition (1994) (DSM-
IV) criteria for a PTSD diagnosis, as explained in the notice of
proposed rulemaking. The rule further re-designates former paragraph
(f)(3) as (f)(4), governing PTSD claims from former prisoners of war,
and re-designates paragraph (f)(4) as (f)(5), governing PTSD claims
based on in-service personal assault or military sexual trauma (MST).
Interested persons were invited to submit written comments on or
before October 23, 2009. We received 126 comments on the proposed rule.
VA received comments from veterans service organizations, including The
American Legion, National Organization of Veterans' Advocates, Disabled
American Veterans, Veterans for Common Sense, Paralyzed Veterans of
America, and The Wounded Warrior Project; from public interest groups,
including the Los Angeles Inner City Law Center and National Research
Center for Women and Families; from government agencies, such as the
New York City Department of Health and Mental Hygiene and the State of
New York Division of Veterans Affairs; and from individuals. VA also
received comments from members of the Subcommittee on Disability
Assistance and Memorial Affairs of the House of Representatives
Committee on Veterans' Affairs and other persons who participated in a
roundtable discussion of the proposed rule, as well as from members of
Congress.
We also received numerous comments from veterans and surviving
spouses regarding their individual claims for veterans benefits. We do
not respond to these comments in this notice as they are beyond the
scope of this rulemaking.”
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Berta
Some of the older links dont work here anymore
VA fact sheet on new PTSD regs:
http://www.va.gov/ptsd_qa.pdf
more VAOLA on the new regs:
http://www.vba.va.gov/VBA/ptsd.asp
The actual regulation:
http://www.gpo.gov/fdsys/pkg/FR-2010-07-13/html/2010-16885.htm
In part:
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