sharon Posted April 1, 2009 Share Posted April 1, 2009 Rule change for inservice v/s post service diagnosis of PTSD.Posttraumatic_Stress_Disorder.pdf Link to comment Share on other sites More sharing options...
0 ranger11bv Posted November 17, 2010 Share Posted November 17, 2010 (edited) 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 November 18, 2010 by ranger11bv Link to comment Share on other sites More sharing options...
0 carlie Posted November 18, 2010 Share Posted November 18, 2010 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 More sharing options...
0 ranger11bv Posted November 18, 2010 Share Posted November 18, 2010 Soooo.... what does this all mean and what should i do?? Link to comment Share on other sites More sharing options...
0 NSA-Saigon-ET Posted November 18, 2010 Share Posted November 18, 2010 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 More sharing options...
0 ranger11bv Posted November 18, 2010 Share Posted November 18, 2010 Well, according to 38 C.F.R. Link to comment Share on other sites More sharing options...
0 NSA-Saigon-ET Posted November 18, 2010 Share Posted November 18, 2010 Well, according to 38 C.F.R. Link to comment Share on other sites More sharing options...
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sharon
Rule change for inservice v/s post service diagnosis of PTSD.
Posttraumatic_Stress_Disorder.pdf
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Stretch
The real problem with this 2008 document change is the No Viet Nam Veterans could have been diagnosed with PTSD in service, because PTSD was not even a word or recognized until after the VN conflict.
Stretch
Thanks Carlie, I couldn't figure out why some were not able to read the PDF. I figured out why....You have to be logged-in in order to have permission to read Docs. If a member is viewing the sit
john999
So you discharge was general under honorable conditions or LTH? I am asking to think about what kind of burden you will have to get your disability rating. If you are using your conduct as proof of an
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