ranger11bv Posted August 1, 2010 Share Posted August 1, 2010 I just got out of the mental health ward at the VA in Phoenix. I was wondering if I should file and what for?? Link to comment Share on other sites More sharing options...
ranger11bv Posted August 18, 2010 Author Share Posted August 18, 2010 Since there is no actual paperwork for the assault, i have to use the following guidelines: Section 3.304(f) of title 38, Code of Federal Regulations, entitled "Direct service connection; wartime and peacetime," states: (3) If a post-traumatic 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, 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 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. VA will not deny a post-traumatic 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. 38 C.F.R. § 3.304(f) That should help out alot!! Link to comment Share on other sites More sharing options...
Question
ranger11bv
I just got out of the mental health ward at the VA in Phoenix. I was wondering if I should file and what for??
Link to comment
Share on other sites
Top Posters For This Question
30
15
8
5
Popular Days
Aug 3
13
Aug 1
12
Aug 4
12
Aug 6
11
Top Posters For This Question
ranger11bv 30 posts
Commander Bob 15 posts
john999 8 posts
Hoppy 5 posts
Popular Days
Aug 3 2010
13 posts
Aug 1 2010
12 posts
Aug 4 2010
12 posts
Aug 6 2010
11 posts
79 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now