ptsd Jsrrc (curr)

[Berta]

I have posted this info here before but it bears repeating.

The VA defines a stressor causing PTSD in distinct terms:

http://www.va.gov/vetapp08/files1/0803402.txt

http://www.va.gov/vetapp08/files1/0803298.txt

http://www.va.gov/vetapp08/files1/0802855.txt

The circumstances of a stressor can be very unusual-

but the VA always holds to this:

"If the evidence establishes that the

veteran engaged in combat with the enemy

and the claimed stressor is related to

that combat, in the absence of clear and

convincing evidence to the contrary, and

provided that the claimed stressor is

consistent with the circumstances,

conditions, or hardships of the veteran's

service, the veteran's lay testimony

alone may establish the occurrence of the

claimed in-service stressor.

In contrast, "[w]here ...VA determines that the veteran did

not engage in combat with the enemy...the veteran's lay

testimony, by itself, will not be enough to establish the

occurrence of the alleged stressor." See Zarycki v. Brown,

6 Vet. App. 91, 98 (1993).

The ordinary meaning of the phrase "engaged in combat with

the enemy," as used in 38 U.S.C.A. § 1154(, requires that a

veteran have participated in events constituting an actual

fight or encounter with a military foe or hostile unit or

instrumentality. VAOPGCPREC 12-99 (Oct. 18, 1999). Where a

determination is made that the veteran did not engage in

combat with the enemy, or the claimed stressor is not related

to combat, the veteran's lay testimony alone will not be

enough to establish the occurrence of the alleged stressor.

See Moreau v. Brown, 9 Vet. App. 389, 395 (1996). In such

cases, the record must contain corroborative evidence that

substantiates or verifies the veteran's testimony or

statements as to the occurrence of the claimed stressor. See

West v. Brown, 7 Vet. App. 70, 76 (1994). The requisite

additional evidence may be obtained from the veteran's

service medical records or from other sources. Moreau at

395. Service department evidence that the veteran engaged in

combat or that the veteran was awarded the Purple Heart

Medal, Combat Infantryman Badge, or similar combat citation

will be accepted, in the absence of evidence to the contrary,

as conclusive evidence of the claimed in-service stressor.

VAOPGCPREC 12-99 (Oct. 18, 1999)."

A buddy statement or the veteran's ;ay statements can support a stressor if the veteran did not directly engage in combat.

However a buddy statement must contain decription of the actual stressor, and give details as to how the buddy (Unit and MOS) was also present at the stressor as an eye witness.

A buddy should give VA their phone number and email addy as well as their address and the VA often calls buddies for more details.

Whether the veteran has a buddy statement or is depending on their lay statement describing a stressor-

if they did not engage in combat and have the awards on their DD 214 as within the above BVA statement, the veteran must give the VA enough information to prove the where and when of the stressor as well as that fact that they were they.

JS RRC (formerly CUrr) Joint Services Records Research Center depends on detailed accounts in order to support proof of a stressor.

NVLSP makes the point that just about every vet in Vietnam was within range of mortars and often within rocket range.

"A PTSD claim involving mortars and rockets must be put in the context of the personal involvement of the veteran."

For example was their duty section or barracks a direct hit and damaged by mortar?

How frequent were the attacks? Did the veteran's unit suffer casualties from the attacks?

When did these mortar attacks occur?

[luvHIM]

Thanks, Berta, for not leaving me hangin. I know it can get touchy when one of us says some vets are "faking" it. But it's the truth. At any rate, I do agree that it may be far few and between. Nevertheless, it is happening that false (unmerited) claims are penetrating and clogging up the RO's and BVA systems. I can just imagine what it is like working with other women who are not on the up and up. I go to my DAV chapter and see that in plain view.

[Tbird]

excellent berta i've created a page on the main site for this information now you can just refer folks to this link http://www.hadit.com/ptsd_stressors.html

I have posted this info here before but it bears repeating.

The VA defines a stressor causing PTSD in distinct terms:

http://www.va.gov/vetapp08/files1/0803402.txt

http://www.va.gov/vetapp08/files1/0803298.txt

http://www.va.gov/vetapp08/files1/0802855.txt

The circumstances of a stressor can be very unusual-

but the VA always holds to this:

"If the evidence establishes that the

veteran engaged in combat with the enemy

and the claimed stressor is related to

that combat, in the absence of clear and

convincing evidence to the contrary, and

provided that the claimed stressor is

consistent with the circumstances,

conditions, or hardships of the veteran's

service, the veteran's lay testimony

alone may establish the occurrence of the

claimed in-service stressor.

In contrast, "[w]here ...VA determines that the veteran did

not engage in combat with the enemy...the veteran's lay

testimony, by itself, will not be enough to establish the

occurrence of the alleged stressor." See Zarycki v. Brown,

6 Vet. App. 91, 98 (1993).

The ordinary meaning of the phrase "engaged in combat with

the enemy," as used in 38 U.S.C.A. § 1154( , requires that a

veteran have participated in events constituting an actual

fight or encounter with a military foe or hostile unit or

instrumentality. VAOPGCPREC 12-99 (Oct. 18, 1999). Where a

determination is made that the veteran did not engage in

combat with the enemy, or the claimed stressor is not related

to combat, the veteran's lay testimony alone will not be

enough to establish the occurrence of the alleged stressor.

See Moreau v. Brown, 9 Vet. App. 389, 395 (1996). In such

cases, the record must contain corroborative evidence that

substantiates or verifies the veteran's testimony or

statements as to the occurrence of the claimed stressor. See

West v. Brown, 7 Vet. App. 70, 76 (1994). The requisite

additional evidence may be obtained from the veteran's

service medical records or from other sources. Moreau at

395. Service department evidence that the veteran engaged in

combat or that the veteran was awarded the Purple Heart

Medal, Combat Infantryman Badge, or similar combat citation

will be accepted, in the absence of evidence to the contrary,

as conclusive evidence of the claimed in-service stressor.

VAOPGCPREC 12-99 (Oct. 18, 1999)."

A buddy statement or the veteran's ;ay statements can support a stressor if the veteran did not directly engage in combat.

However a buddy statement must contain decription of the actual stressor, and give details as to how the buddy (Unit and MOS) was also present at the stressor as an eye witness.

A buddy should give VA their phone number and email addy as well as their address and the VA often calls buddies for more details.

Whether the veteran has a buddy statement or is depending on their lay statement describing a stressor-

if they did not engage in combat and have the awards on their DD 214 as within the above BVA statement, the veteran must give the VA enough information to prove the where and when of the stressor as well as that fact that they were they.

JS RRC (formerly CUrr) Joint Services Records Research Center depends on detailed accounts in order to support proof of a stressor.

NVLSP makes the point that just about every vet in Vietnam was within range of mortars and often within rocket range.

"A PTSD claim involving mortars and rockets must be put in the context of the personal involvement of the veteran."

For example was their duty section or barracks a direct hit and damaged by mortar?

How frequent were the attacks? Did the veteran's unit suffer casualties from the attacks?

When did these mortar attacks occur?

[Hoppy]

"Evidence of emotional tension or other

evidence of anxiety productive of mild social and industrial

impairment warrants a 10 percent evaluation."

Considering the minimal level of symptoms required for a 10% rating I find it hard to think that there is a significant amount of veterans or even a few who are faking it based on some level of symptomology.

I am just guessing that the biggest problems is from folks who file claims without any previous diagnosis of PTSD or any potential to develop a verifiable stressor. Also, I have read several BVA cases where folks are seeking upgrades and will not go to therapy and are no shows to the C&P exams. The only case I have ran into personally I thought was a waste of time was a guy who was trying to get 50% without any evidence to back up the higher rating.

[Berta]

"am just guessing that the biggest problems is from folks who file claims without any previous diagnosis of PTSD or any potential to develop a verifiable stressor"

Hoppy you hit the nail on the head.

A PTSD diagnosis means nothing regarding the stressor.

Unless the shrink was an eye witness to the stressor in service ,and in your same unit etc -same time and place of stressor.

The wannabee I tried to help years ago had told his shrink of at least a dozen stressors.

Not a single one could be verified.He thought when she diagnosed him with PTSD that the check was in the mail.

I think I can smell a wannabee now from a mile away.

Hope I aint repeating what I already posted here- but Project Salute ,mobile lawyers for vets claims,

has found wannabees in the midst of the deserving large groups of veterans who wait for them to pull up in major cities on their National tour.

I mean men who never even served in the military looking for VA compensation-as well as veterans who-right off the bat- dont have a valid basis for a claim.

One lawyer spent two hours with a veteran-as 40 or 50 other vets waited and waited-as the veterans recounted a long rendition of his military problems, with all of his denial letters.

There was no disability he had that could potentially have had any nexus to his service.

This didnt surprise me-I ask vets who somehow come to my home or get my phone number-and have problems with their VA claims- only two main questions-and if they hem and haw on answering those 2 questions- they dont get any more of my time.