ptsd Ptsd Stressor Denial-Possible Cue

[GuaymasJim]

I have read about all I can about Clear and Unmistakable Error (CUE) claims, but the PTSD claim I am assisting with has presented a situation where I cannot determine if it is a CUE or just a rating error requiring a NOD and appeal.

The veteran has repeatedly (12 years and counting) been denied service connected PTSD for lack of a verifiable stressor. In the Statement of the Case (SOC) and subsequent Supplemental (SSOC), the rater acknowledges that the incident occurred. A buddy letter confirms that veteran was present at the incident. However, according to the SOC, since neither the veteran nor the “buddy” was listed among those injured at the incident and since the buddy had not submitted a claim for service connected PTSD, the claimed stressor did not meet the DSM-IV criteria. The claim for service-connection for the veteran’s VA diagnosed PTSD was denied for not having met the DSM-IV requirements even though the rater’s own words show that it does.

As we all know DSM-IV requires:

Criterion A: stressor

The person has been exposed to a traumatic event in which both of the following have been present:

1. The person has experienced, witnessed, or been confronted with an event or events that involve actual or threatened death or serious injury, or a threat to the physical integrity of oneself or others.

2. The person's response involved intense fear, helplessness, or horror.

QUESTION: Is the failure of the rater to correctly address and apply the DSM-IV criteria to the rating a CUE, or is it just another example of sloppy adjudication?

QUESTION: How would the retroactive award of a USMC Combat Action Ribbon affect an old PTSD claim which was also denied based on lack of stressor and not appealed?

Thank you

[Pete53]

There is something missing here and it appears to me that if the VA admits to PTSD with a stressor than the proof on the VA to deny is to show that the PTSD occurred outside of service.

Is there a Medical Opinion that links PTSD to Service I would think that is what Veteran needs to win in this case.

Good Luck and thanks for helping a Veteran

[Philip Rogers]

Good point Pete53! Sorry I missed that. Couldn't see the trees due to the forest. I think Pete's right, he could need a link to his service.

pr

There is something missing here and it appears to me that if the VA admits to PTSD with a stressor than the proof on the VA to deny is to show that the PTSD occurred outside of service.

Is there a Medical Opinion that links PTSD to Service I would think that is what Veteran needs to win in this case.

Good Luck and thanks for helping a Veteran