What Is The Purpose Of M21-1Mr Stressor Verification?

[mrkman123]

the regional office in Houston was unable to verify a personal assault, that resulted in a full blown concussion and drastic changes in personality and conduct six months after. the navy then discharged the veteran for high year tenure. one month post discharge the veteran was diagnosed with ptsd, and assistance was refused by the VA becaused the injury was not combat related. why will the VA not use its own regulations and laws to assist this veteran? which states clearly that in personal assault injury cases a stressor may be confirmed using this regulation, M21-1MR..... please advise

[Berta]

You will find the M21-1MR criteria for Personal Assault claims under # 13 of this link from

M21-1MR, Part IV, Subpart ii, Chapter 1, Section D

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCwQFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart4%2Fsubptii%2Fch01%2Fch01_secd.doc&ei=CbQDUuzRAvGgyAGN2oCYBQ&usg=AFQjCNGEoU5oklu95Y7jP1TMH6UmYV047A&bvm=bv.50500085,d.aWc

You stated “the regional office in Houston was unable to verify a personal assault”...however this is up to the claimant to help verify events like this.

Does this vet have his complete SMRs and 201 Personnel File?

If not he can get them at the NARA website.

“drastic changes in personality and conduct six months after.”

That should be documented in his Military records,if prior to his discharge, as you indicated.

“one month post discharge the veteran was diagnosed with ptsd, and assistance was refused by the VA becaused the injury was not combat related. “

That does not make sense to me at all.

However,I dont know when this happened but the PTSD criteria changed in 2010. The new criteria is in the PTSD forum here.

He would need a PTSD diagnosis from a VA MH provider.

Would the vet be able to come on board here or could he give you permission to scan and attach the actual wording of the VA denial, under the Reasons and Bases in the decision?

Cover Name,address and C file number before scanning it.

I appreciate that you are trying to help this veteran.

Did he file a timely NOD on the denial?

[harleyman]

Check out this citation link. It explains and gives the alternative source information allowed in support of claims for personal assault, when there are missing records (STRS) , fire related, lost records, etc.

http://www.va.gov/vetapp08/files2/0814808.txt

Edited August 11, 2013 by harleyman