Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0

New Post , July 13, 2010 New Regs Ptsd


Some of the older links dont work here anymore

VA fact sheet on new PTSD regs:


more VAOLA on the new regs:


The actual regulation:


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 
    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.”

Share this post

Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

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.

Share this post

Link to post
Share on other sites


  • 0

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.

Share this post

Link to post
Share on other sites
  • 0

bumping this up again.

Share this post

Link to post
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 


      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.


      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

      • 1 reply
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies

Important Information

{terms] and Guidelines