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Berta

New Post , July 13, 2010 New Regs Ptsd

Question

Some of the older links dont work here anymore

VA fact sheet on new PTSD regs:

http://www.va.gov/ptsd_qa.pdf

more VAOLA on the new regs:

http://www.vba.va.gov/VBA/ptsd.asp

The actual regulation:

http://www.gpo.gov/fdsys/pkg/FR-2010-07-13/html/2010-16885.htm

In part:

“On August 24, 2009, VA published in the 
Federal Register (74 FR 42617) a proposal to modify the evidentiary 
standards for establishing an in-service stressor when a veteran files 
a claim for service connection for PTSD. We proposed to add a new 
paragraph (3) to 38 CFR 3.304(f) to state 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 contract 
equivalent confirms that the claimed stressor is adequate to support a 
diagnosis of PTSD 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. This evidentiary liberalization is 
consistent with the American Psychiatric Association's (APA) Diagnostic 
and Statistical Manual of Mental Disorders, Fourth Edition (1994) (DSM-
IV) criteria for a PTSD diagnosis, as explained in the notice of 
proposed rulemaking. The rule further re-designates former paragraph 
(f)(3) as (f)(4), governing PTSD claims from former prisoners of war, 
and re-designates paragraph (f)(4) as (f)(5), governing PTSD claims 
based on in-service personal assault or military sexual trauma (MST).
    Interested persons were invited to submit written comments on or 
before October 23, 2009. We received 126 comments on the proposed rule. 
VA received comments from veterans service organizations, including The 
American Legion, National Organization of Veterans' Advocates, Disabled 
American Veterans, Veterans for Common Sense, Paralyzed Veterans of 
America, and The Wounded Warrior Project; from public interest groups, 
including the Los Angeles Inner City Law Center and National Research 
Center for Women and Families; from government agencies, such as the 
New York City Department of Health and Mental Hygiene and the State of 
New York Division of Veterans Affairs; and from individuals. VA also 
received comments from members of the Subcommittee on Disability 
Assistance and Memorial Affairs of the House of Representatives 
Committee on Veterans' Affairs and other persons who participated in a 
roundtable discussion of the proposed rule, as well as from members of 
Congress.
    We also received numerous comments from veterans and surviving 
spouses regarding their individual claims for veterans benefits. We do 
not respond to these comments in this notice as they are beyond the 
scope of this rulemaking.”

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3 answers to this question

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Yikes, I meant to post this in the Denied for PTSD thread today.....

however it always bears repeating.

The 2010 PTSD regs have helped many OIF OEF vets but have not helped all Vietnam Vets or vets from other wars.

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Bumping it up.

The VA will conceded stressor if the CAR, CIB ,or PH is on your DD214.

If you feel any of these awards should be on your DD214,you can apply for a DD 215 with a DD 149 form available here under a search.

For new PTSD claims regarding Vietnam or DS or Iraq/Afganistan etc, the VA might surely attempt to verify your stressor via JSRRC ( Joint Services Records Research Center)

JSRRC contact info is at hadit under a search.

Personally I think it is a good idea to write to JSRRC yourself and give them as many details as to Unit, time and place of the stressor, to help them verify it...and/or consider finding some buddies from your unit for buddy statements... Info on Buddy statements is also available here under a search.

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  • 0

bumping this up again.

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