Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Personal Account Of Incident

Rate this question


sharon

Question

Recommended Posts

  • 0

ill start digging around...

Found what I was looking for:

"The current evidence of record does not provide credible evidence to concede your military stressors.

In conclusion, we have no objective evidence or supporting evidence to concede your military stressors and no diagnosis of PTSD based on stressors that have been conceded. In addition, no objective evidence of a chronic psychiatric disorder to include PTSD, diagnosed during your military service. As a result, service connection cannot be granted."

Now mind you, I was diagnosed AFTER i was out of the service. As many of you know, assaults usually do not get reported as according to 38 C.F.R. § 3.304(f)(3); see also Patton, 12 Vet. App. at 277. Also according to the a fore mentioned regulation, , many incidents are not officially reported, which creates a proof problem with respect to the occurrence of the claimed stressor. In these situations, it is not unusual for there to be an absence of service records documenting the events the veteran has alleged.

The victims of this type of trauma may not necessarily report the full circumstances of it for many years after it occurred. Thus, when a PTSD claim is based on a personal assault in service, evidence from sources other than the veteran's service records may corroborate the veteran's account of the stressor incident.

Edited by ranger11bv
Link to comment
Share on other sites

  • 0

The victims of this type of trauma may not necessarily report the full circumstances of it for many years after it occurred. Thus, when a PTSD claim is based on a personal assault in service, evidence from sources other than the veteran's service records may corroborate the veteran's account of the stressor incident.

This type of evidence is referred to as alternative evidence.

From 38 CFR 3.303

F

(4)

(4) If a posttraumatic stress disorder claim is based on in-service personal assault, evidence from sources other than the veteran's service records may corroborate the veteran's account of the stressor incident.

Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy.

Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitutecredible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment;

deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes.

VA will not deny a posttraumatic stress disorder claim that is based on in-service personal assault without first advising the claimant that evidence from sources other than the veteran's service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence.

VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred.(Authority: 38 U.S.C. 501(a), 1154)[26 FR 1580, Feb. 24, 1961, as amended at 31 FR 4680, Mar. 19, 1966; 39 FR 34530, Sept. 26, 1974; 58 FR 29110, May 19, 1993; 64 FR 32808, June 18, 1999; 67 FR 10332, Mar. 7, 2002; 70 FR 23029, May 4, 2005; 73 FR 64210, Oct. 29, 2008]

Link to comment
Share on other sites

  • 0

No evidence submitted means no award for the disability. The VA will not help you.

It cannot just be on just your account of the events for personal assult cases.

Perhaps you talked to friends about this and they can write statements for you.

Any counselling you may have received.

Good Luck!

p.s. I too am fighting the VA for my PTSD claim. Seems like it is taking forever.

Link to comment
Share on other sites

  • 0

Well, according to 38 C.F.R.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use