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Stressors And 38 Cfr 3.156 (C)

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Berta

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Stressors and 38 CFR 3.156 ©

I forget if we ever covered this facet of this regulation regarding stressors.

Say the VA fails to act on a request to the JSRRC to verify a stressor the veteran has given enough details on, to warrant the VA's request to JSRRC...

(that is a key point- the VA needs enough details to even request verification via JSRRC)

and say the VA ends up denying the claim as to no proof of stressor. (I have seen them try to do that, and not even contact JSRRC at all, and I recommend that the vet do that themselves sometimes.... JSRRC contact info is available here under a search)

then say ,years down the road ,the same veteran gets the stressor verified, maybe with buddy statements or via his/her direct contact with JSRRC.... in that case under 38 CFR 3.156© the veteran's EED for their PTSD claim will be the date of the initial denied decision. .

We briefly touched on 38 CFR 3,156 this AM at the radio show and have done other shows too on this powerful regulation, as well as had many discussions here.

I personally do not have enough faith in the VA to assume that, even with the above scenario as a fact, they would invoke 38 CFR 3.156 at all, and they would probably hope the veteran didn't know of this reg ,to obtain the best EED they could get.

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  • Content Curator/HadIt.com Elder

I agree! That would be assuming a lot

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