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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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ptsd Ptsd Base On Personal Trauma
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mobie16r 2
17. Developing Claims for Service Connection for PTSD Based on Personal Trauma
Introduction This topic contains information on developing claims for service connection for PTSD based on personal trauma. It includes information on
· general information about personal trauma
· the evidence required to establish service connection
· the process for obtaining information from the veteran
· the letters to use to obtain information from the veteran
· the process for obtaining service records
· the problems associated with development
· alternative sources for information, and
· the process for obtaining police reports.
Change Date December 13, 2005
a. General Information About Personal Trauma Personal trauma is an event of human design that threatens or inflicts harm. Veterans claiming service connection for disability due to in-service personal trauma face unique problems documenting their claims.
These incidents are often violent and may lead to the development of PTSD.
Examples: Rape, physical assault, domestic battering, robbery, mugging, stalking, and harassment.
b. Evidence Required to Establish Service Connection To establish service connection for PTSD, there must be credible evidence to support the veteran’s assertion that the stressful event occurred.
This does not mean that the evidence actually proves that the incident occurred, but that there is at least an approximate balance of positive and negative evidence that the event did occur.
Continued on next page
17. Developing Claims for Service Connection for PTSD Based on Personal Trauma, Continued
c. Obtaining Information From the Veteran Identifying possible sources of evidence to support the claim may require asking the veteran for information concerning the traumatic incident. Make this request as compassionately as possible in order to avoid causing further trauma.
Although personal trauma is most often thought of as involving female veterans, male veterans may also be involved. Be sure requests for evidence/ information reflect the appropriate gender of the veteran.
d. Letters to Use to Obtain Information From the Veteran When writing a letter to obtain information from the veteran regarding a claim based on personal trauma, use MAP-D and select the personal assault option from the PTSD special issues screen. Enclose VA Form 21-0781a, Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD) Secondary to Personal Trauma, to solicit details of the claim.
Important: Letters used by ROs to solicit details concerning a combat stressful incident are inappropriate for PTSD claims based on personal trauma.
e. Obtaining Service Records Review the claim and all attached documents. Request service medical records (SMRs) and the entire personnel folder from the appropriate records custodian, if necessary.
Note: Veterans Service Representatives (VSRs) must work closely with Rating Veterans Service Representatives (RVSRs) when developing personal trauma cases.
f. Problems Associated With Development Because personal trauma is an extremely personal and sensitive issue
· many incidents of personal trauma are not officially reported, and
· the victims of this type of in-service trauma may find it difficult to produce evidence to support the occurrence of the stressor.
It is often necessary to seek alternative evidence.
Reference: For information on alternative sources for information, see M21-1MR, Part IV, Subpart ii, 1.D.17.g.
Continued on next page
17. Developing Claims for Service Connection for PTSD Based on Personal Trauma, Continued
g. Alternative Sources for Information Service records not normally requested may be needed to develop claims for service connection for PTSD based on personal trauma, including in-service sexual assault. Responses to a request for information may identify alternative sources for information, such as
· rape crisis center or center for domestic abuse
· counseling facility
· health clinic
· family members or roommates
· faculty members
· civilian police reports
· medical reports from civilian physicians or caregivers who may have treated the veteran either
- immediately following the incident, or
- sometime later
· chaplain or clergy
· fellow service persons, or
· personal diaries or journals.
h. Obtaining Police Reports Obtain reports, as appropriate, from
· military police
· shore patrol
· a provost marshal’s office, or
· other military law enforcement offices.
Note: Requests may be submitted via phone, fax, e-mail, or written correspondence, as long as the request is properly documented in the claims folder.
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