ptsd Ptsd Claim Many Years After Personal Trauma

[68mustang]

Have any of you Vietnam Era vets filed for PTSD due to personal trauma incidents who now have PTSD symptoms many years later? By that I mean you did not report the incident or seek any medical care when it happened. And now the symptoms have showed up and you lacked a medical paper trail. How have you handled the lack of evidence that the incident took place and the lack of a medical paper trail? Thanks.

68mustang

[Philip Rogers]

Yup, just what I said/meant but Carla you did it better and much more thoroughly. Thanks for being so thorough!!!

pr

Mustang,

This specific information from a BVA case

addresses PTSD due to sexual assault

BUT

the information also relates to Personal Assault

(of any type) that occurs on active duty.

In studying it you will understand the many, additional

types of information and evidence VBA CAN use in claims

for PTSD due to personal assault.

This type of evidence is commonly referred to as "Alternative Evidence".

Hope this helps a vet.

carlie

If PTSD is based on personal assault, as alleged in this

case, evidence from sources other than the Veteran's records

may corroborate the occurrence of the stressor. 38 C.F.R. §

3.304(f)(3). Examples of such evidence include, but are not

limited to: records from law enforcement authorities, mental

health counseling centers, hospitals or physicians; and

statements from family members, roommates, fellow service

members, or clergy. Id.

Evidence of behavior changes following the claimed assault is

one type of relevant evidence that may be found in the

mentioned sources. Examples of behavior changes that may

constitute credible 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. Id.

In Patton v. West, 12 Vet. App. 272, 277 (1999), the U.S.

Court of Appeals for Veterans Claims (Court) advised that the

portions of the VA Adjudication Procedure Manual M21-1, Part

III, paragraph 5.14c, provided "guidance on the types of

evidence that may serve as 'credible supporting evidence' for

establishing service connection of PTSD which allegedly was

precipitated by a personal assault during military service."

Manual M21-1 lists evidence that might indicate occurrence of

such a stressor, including lay statements describing episodes

of depression; panic attacks or anxiety but no identifiable

reasons for the episodes; visits to medical clinics without a

specific ailment; evidence of substance abuse; and increased

disregard for military or civilian authority. The Manual

also lists behaviors such as requests for change of MOS or

duty assignment, increased use or abuse of leave, changes in

performance and performance evaluations, increased use of

over-the-counter medications, unexplained economic or social

behavior changes, and breakup of a primary relationship as

possibly indicative of a personal assault, provided that such

changes occurred at the time of the incident. The Court has

also held that the provisions in M21-1, Part III, 5.14©,

which address PTSD claims based on personal assault, are

substantive rules which are the equivalent of VA regulations,

and are binding on VA. YR v. West, 11 Vet. App. 393, 398-99

(1998); Patton, 12 Vet. App. at 282.

VA will not deny a PTSD 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 her

the opportunity to furnish this type of evidence or advise VA

of potential sources of such evidence. 38 C.F.R. § 3.304(f).