Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
ptsd 2006 Ptsd Report From National Veterans Legal Sevices
Rate this question
-
Similar Content
-
- 0 comments
- 968 views
-
- 0 replies
- 342 views
-
- 3 answers
- 325 views
-
- 0 comments
- 1,098 views
-
- 0 replies
- 363 views
-
Question
free_spirit_etc
Army vv -
I ran across this in my research. Thought you might want to add it to your arsenal. :o
http://www.iom.edu/File.aspx?ID=35667.
In case the link doesn't work - it is called: PROBLEMS FACED BY VETERANS IN OBTAINING
DISABILITY COMPENSATION FROM
THE DEPARTMENT OF VETERANS AFFAIRS
FOR POST TRAUMATIC STRESS DISORDER
______________________________________
BARTON F. STICHMAN
JOINT EXECUTIVE DIRECTOR
NATIONAL VETERANS LEGAL SERVICES PROGRAM
June 6, 2006
It looks like it has LOTS of good tips :P such as:
"3.6.2 Summary of the Three Requirements to Qualify for Disability Compensation
The adjudication of claims for service connection of PTSD can be complex because there are numerous
regulations, Court cases, and Manual M21-1 provisions that must be applied if proper adjudication is to take
place. VA regulations and Manual M21-1 provisions on PTSD have been amended several times in recent
years to reflect new Court decisions and the adoption of the DSM-IV. When the law changes while a
claim is pending before the VA regional office or Board of Veterans’ Appeals, the veteran is sometimes
entitled to have the claim adjudicated under the most favorable version.1 This Manual primarily discusses
the PTSD regulations and Manual M21-1 provisions existing as of the date of this Manual’s publication.
Advocates should remember to consider whether a previous version of a regulation or Manual M21-1
provision was in effect while the claim was pending before the VA or the Board of Veterans’ Appeals
and, if so, which version is more favorable in a particular case."
"Once the veteran has submitted a medical diagnosis of PTSD, the ability of the VA to deny the claim for
not showing a current disability is limited. Unless the record contains medical evidence directly contradicting
this diagnosis of PTSD, the VA must accept that the stressor described by the veteran to the examiner was
medically sufficient to support a diagnosis of PTSD and that the veteran’s symptoms were adequate for the
examiner to diagnose PTSD.18 If the VA doubts whether the described stressors were sufficient to cause
PTSD or the adequacy of the symptomatology described in the diagnostic report, VA must comply with VA
regulations by taking one of two courses of action: either put aside the doubts and accept the medical report
as sufficient for rating purposes, or return the medical report for clarification (not necessarily to the original
examiner).19 If clarification is not provided when the report is sent back, the VA must either return the
examination report again or obtain independent medical evidence concerning the issue.20 The bottom line is
that the VA cannot reject a competent diagnosis of PTSD without an adequate statement of reasons or bases
for its decision and unless it can point to other medical evidence in the record to support its conclusion that
the veteran does not have PTSD.21
**Advocacy Tip** The mental examination report should not express an opinion as to whether
the veteran’s claimed in-service stressors have been adequately substantiated. Whether or not the
veteran experienced the specific event claimed as a stressor is not a medical matter but a factual
issue for determination by the Board of Veterans’ Appeals or the VA regional office.22"
Free
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Aug 22
2
Aug 20
1
Top Posters For This Question
Pete53 1 post
Philip Rogers 1 post
free_spirit_etc 1 post
Popular Days
Aug 22 2006
2 posts
Aug 20 2006
1 post
2 answers to this question
Recommended Posts