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§ 4.129 Mental Disorders Due To Traumatic Stress.

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Electronic Code of Federal Regulations (e-CFR)

e-CFR Data is current as of May 17, 2007


Title 38: Pensions, Bonuses, and Veterans' Relief


Subpart B—Disability Ratings

Mental Disorders

§ 4.129 Mental disorders due to traumatic stress.

When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted.

(Authority: 38 U.S.C. 1155)

[61 FR 52700, Oct. 8, 1996]


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Last updated: February 19, 2007

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This has been on the books for quite some time, but not many people are actually discharged for PTSD. Unfortunately, PTSD tends to have a "delayed onset" of symptoms and even when folks do experience symptoms, while in service, they tend to play them down for fear of peer pressure/stigma.

But, veterans leaving service *should* be told of this before hand...I think the average service member is grossly under-educated on what, exactly, the VA does and how their disabilities *should* be handled. How much easier would SC be, if every service member knew the process by which SC is granted?? If nothing else, I bet the average veteran would keep FAR better medical records and documentation.....

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There is a program in place. Soldiers who are getting out of the army under "normal" circumstances are allowed to attend the Transition Assistnace Program. I attended the program at Fort Knox before I retired and part of that program discussed the disability process. They even assist with filling out the form. Here is the web site that talks about TAP.


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TAP was in place when my wife was discharged (medically for PTSD) and did NOTHING to inform us about the inner-workings of the VA and how disability REALLY works. The only reason I even went to an AmVet rep, on base, was because my wife met a PTSD vet in the civilian mental hospital who gave her the run-down on the VA and SSD.

TAP is a step in the right direction, but we really need a well informed person, in VA matters, to give a detailed briefing on how the disability process works and what records a departing veteran needs to retain/obtain.

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