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What Regs Determine Current Stressors

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Brother Gate

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What regulations can I refer to that determines what the meaning and time frame of the word "current" in the VA determination of "current diagnosis of PTSD directly related to his in-service stressor". What is current?

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  • Content Curator/HadIt.com Elder

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What regulations can I refer to that determines what the meaning and time frame of the word "current" in the VA determination of "current diagnosis of PTSD directly related to his in-service stressor". What is current?

Brother,

I am not positive but I believe ""current diagnosis" is within one year.

carlie

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  • Content Curator/HadIt.com Elder

If something is listed on the Axis table, would that constitute a diagnosis or does it have to be spelled out in some other fashion?

(Of course, the Axis table solely lists the impression for each particular visit)

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The reason for my question is because of an earlier post. I will paste it here.

I was denied ptsd in 2006. Did not at the time know the process. After being on this forum for months and months, I have learned so much. I Thank all my brothers and sisters for your care and concern for all of us.

I was in the Signal Corp in Viet Nam with the 4th Infantry in Ankhe and the 1st Cav in Pouc Vinh For the issue at hand, I want to pursue my ptsd claim. I was diagnosed in 2006 at my C&P exam for ptsd but was denied because my stressors were not validated. I am currently 30% Anxiety, 30% AO(diabetes) with a 60% total rating. I had a C&P in March for NOD and came out with a new diagnosis for Depression. Still waiting on decision from VA.

I have been for the last 2 months going to outpatient PTSD classes every week and seeing my shrink once a month. I have many stressors but my main one is no doubt related to my PTSD. On base camp, my captain told me to burn the foilage on the perimeter line. As I was doing this, unexploded ammunition started going off and I believe one of them was a claymore mine. I came back and reported the problem but was ordered to go back. I refused for my safety and was arrested and jailed in a Conex trailer for over a month for Court Martial (I believe AR-90 disobeying a superior officer and assult). I WON MY CASE IN COURT! My commander company was embarrassed and immediately demoted me and shipped me out to a different part of Nam.

My question remains, what is the best approach to reopen my PTSD claim? Will it be retroactive from 2006 since I didn't file an NOD or will I have a new file date? Appreciate your feedback!

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The reason for my question is because of an earlier post. I will paste it here.

My question remains, what is the best approach to reopen my PTSD claim? Will it be retroactive from 2006 since I didn't file an NOD or will I have a new file date? Appreciate your feedback!

Brother,

To re-open the claim you would need to submit New & Material Evidence.

No, the effective date would not necessarily reach back to 2006.

jmho,

carlie

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  • HadIt.com Elder

If you are already 30% for anxiety you would be better off trying to show your SC anxiety disorder is worse than trying to prove a PTSD claim. You can get 100% for anxiety disorder easier than proving PTSD claim which is an anxiety disorder.

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