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Berta

New Ptsd Regs

Question

The new regs are so important it pays to bump them up here- I suggest strongly that anyone filing under these new regs read ALL of the info available.

The whole 9 yards of the new PTSD regs are here:

2 hyperlinks and Tbird posted a video.

The new VBM 2010 edition from NVLSP contains an separate addendum and the important part to this addendum is:

It is important to note per the addendum that "the veteran must have been located" either in or within close proximity of the "hostile military or terrorist activity"that produced the "fear of" this activity.

The new reg is Not a "liberalizing" rule and the reg itself is insufficient alone in attempt to re-open a previous denial.

If a veteran's PTSD claim was denied and final prior to July 13,2010 and he/she files a new claims after July 13, 2010 they should give "as much detail as possible" regarding the experience they had or were in close proximity to that led to their "fear of hostile military or terrorist activity."

Edited by Berta

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Bumping this up again-

the diagnosis of PTSD MUST come from a VA doctor (This has been challenged in curt but no changes yet to the regs)

and the stressor must be consistent with the MOS or their"close proximity" to an event that was a stressor.

In case of any question of the stressor ,then VA will run the stressor through JSRRC (Joint Services Records Research Center)

for val;idation of it.

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This BVA decision prepared after the new regs came out for PTSD clarifies the regs in more detail:

http://www.va.gov/vetapp10/files5/1040751.txt

In Part:

"Effective July 13, 2010, VA regulations related to PTSD claims

were revised to provide that if a stressor claimed by a veteran

is related to the veteran's fear of hostile military or terrorist

activity and a VA psychiatrist or psychologist, or a psychiatrist

or psychologist with whom VA has contracted, confirms that the

claimed stressor is adequate to support a diagnosis of

posttraumatic stress disorder and that the veteran's symptoms are

related to the claimed stressor, in the absence of clear and

convincing evidence to the contrary, and provided the claimed

stressor is consistent with the places, types, and circumstances

of the veteran's service, the veteran's lay testimony alone may

establish the occurrence of the claimed in-service stressor. The

term "fear of hostile military or terrorist activity" means

that a veteran experienced, witnessed, or was confronted with an

event or circumstance that involved actual or threatened death or

serious injury, or a threat to the physical integrity of the

veteran or others, such as from an actual or potential improvised

explosive device; vehicle-imbedded explosive device; incoming

artillery, rocket, or mortar fire; grenade; small arms fire,

including suspected sniper fire; or attack upon friendly military

aircraft, and the veteran's response to the event or circumstance

involved a psychological or psycho-physiological state of fear,

helplessness, or horror. 38 C.F.R. § 3.304(f)(3) (effective from

July 13, 2010)."

http://www.va.gov/vetapp10/files5/1040751.txt

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Berta ROCKS!

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Sharon- I would say the same thing about YOU!

Your continued service to our nation's veterans is remarkable!

This is a link to story I did for VAWatchdog on these new regs and the challenge in court.

http://www.vawatchdogtoday.org/uploads/PTSD_Berta_Simmons_001.pdf

Also I found this here:

“This is updated info from Rich Cohen of NOVA-he graciously just sent me the consolidated petition adding PVA and also Veterans of Modern Warfare , and National Veterans Legal Services Program to the petition filed with the Court on November 19th 2010.”

These other veterans groups joined the initial petition and the link I posted here doesn't work anymore.

I will try to find it in my email and also see if there is any update at all on this important petition.

Now before the court.

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I appreciate the post of the recent BVA decision concerning PTSD,--informative and quite helpful. It is a clone (except for the hem's) of my recent PTSD/mood disorder claim. VARO is denying me SC for PTSD, even though awarded (Marine) CAR-Combat Action Ribbon. It appears they will grant service connection for Dysthymic Disorder(mood disorder) due to SC orthopedic ailments. I have not yet received the VA award letter as there are other issues pending. Realizing they can only compensate me for one, not both----I wonder if it makes any sence to pursue the PTSD??

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