What Standard Does The Va Use To Determine Evidence

[mountain tyme]

mt

Edited May 17, 2007 by mountain tyme

[carlie]

http://www.warms.vba.va.gov/admin21/m21_1/...4/ch04_sech.doc

30. Evaluating Evidence in Claims Based on Personal Trauma

Introduction This topic contains information about evaluating evidence in claims based on personal trauma, including

• evidence of personal trauma

• alternative evidence of in-service personal trauma

• evidence of behavioral changes in personal trauma cases

• development requirements for secondary evidence

• interpretation of secondary evidence, and

• obtaining evidence.

Change Date August 1, 2006

a. Evidence of Personal Trauma Personal trauma is an event of human design that threatens or inflicts harm, such as

• rape

• physical assault

• domestic battering

• robbery and mugging

• stalking, and

• harassment.

b. Alternative Evidence of In-Service Personal Trauma If the military record contains no documentation that personal trauma, including in-service sexual assault, occurred, alternative evidence might still establish an in-service stressful incident.

Sources of such evidence include

• a rape crisis center or center for domestic abuse

• a counseling facility or health clinic

• family members or roommates

• a faculty member

• civilian police reports

• medical reports from civilian physicians or caregivers who treated the veteran immediately or sometime later

• a chaplain or clergy

• fellow service persons, and

• personal diaries or journals.

Continued on next page

30. Evaluating Evidence in Claims Based on Personal Trauma, Continued

c. Evaluating the Available Evidence Rating Veterans Service Representatives (RVSRs) must carefully evaluate all of the available evidence.

If the military records contain no documentation that personal trauma occurred, consider secondary evidence, such as

• lay statements

 indicating increased use or abuse of leave without an apparent reason, such as family obligations or family illness, or

 describing episodes of depression, panic attacks, or anxiety, but no identifiable reasons for the episodes, and

• evidence of behavioral changes that occurred around the time of the incident, including

 visits to a medical or counseling clinic or dispensary without a specific diagnosis or specific ailment

 use of pregnancy tests or tests for sexually-transmitted diseases around the time of the incident

 sudden requests that the veteran’s military occupational series or duty assignment be changed without other justification

 changes in performance and performance evaluations

 increased or decreased use of prescription medications

 increased use of over-the-counter medications

 evidence of substance abuse, such as alcohol or drugs

 increased disregard for military or civilian authority

 obsessive behavior such as overeating or undereating

 increased interest in tests for HIV or sexually transmitted diseases

 unexplained economic or social behavior changes

 treatment for physical injuries around the time of the claimed trauma, but not reported as a result of the trauma, and/or

 the breakup of a primary relationship.

Notes:

• Secondary evidence may need interpretation by a clinician in personal trauma claims, especially if the claim involves behavior changes.

• Evidence that documents behavior changes may require interpretation in relation to the medical diagnosis by a neuropsychiatric physician.

Important: When preparing letters of notification or rating decisions in personal trauma cases, use a tone that conveys sensitivity and compassion, regardless of whether the claim is granted or denied.

Continued on next page

30. Evaluating Evidence in Claims Based on Personal Trauma, Continued

d. Development Requirements for Secondary Evidence Do not deny a PTSD claim that is based on in-service personal trauma without first advising the claimant that evidence from sources other than service medical records (SMRs), such as evidence of behavioral changes, may constitute credible supporting evidence of the stressor.

Allow the veteran the opportunity to furnish this type of evidence or indicate its potential sources.

e. Interpretation of Secondary Evidence In personal trauma claims, interpretation of secondary evidence by a clinician may be required, especially if the claim involves behavioral changes.

Evidence that supports such behavioral changes may require

• interpretation in relationship to the medical diagnosis, or

• an opinion by an appropriate medical or mental health professional as to whether it indicates that personal trauma occurred.

Reference: For more information on VA’s responsibility to obtain secondary evidence needed to corroborate a personal trauma claim, see Patton v. West, 12 Vet. App. 272 (1999).

f. Obtaining Evidence For more information on obtaining service records, medical treatment records, and evidence of personal trauma, see M21-1MR, Part IV, Subpart ii, 1.D.

[huskerfanfl]

MT,

I am sorry that you went through that in the military. Unfortunately, from the way your post reads, the PTSD evaluation was based on the actual assualt. The proof you have concerns the harrassment. If the PTSD was based on that harrassment, there would have been an entirely different outcome. We all know that the two (assualt and harrassment) are connected based on your statements, but proof is needed. I know that you were in shcok after the assault, I had a daughter who was raped and she was in shock and did not know what to do, until her uspervisor at work noticed she was "off" and when talking to her discovered what had happened and sent her to the hospital.

Edited January 19, 2007 by huskerfanfl

[Tbird]

here is link to several posts dealing with mst http://www.google.com/custom?hl=en&lr=...q=sexual+trauma

here is a link to a variety of sites some of which maybe useful to you http://www.hadit.com/searchresults.htm?cx=...FORID%3A11#1396

[Berta]

It also helps to study BVA decisions to as to sexual harrassment claims to understand the rationale of the VA.

http://www.va.gov/vetapp06/files4/0624342.txt

This claim was denied and the BVA stated:

"In addition, although the Board has searched the

claims file for the various types of evidence which may be

evidence of sexual harassment, such as evidence of behavioral

changes or difficulties in service, there is no objective

evidence dated contemporaneously with service to support her

claim. The Board therefore finds that this report does not

outweigh the evidence, particularly the lack of corroborating

evidence of inservice stressor, which shows that the veteran

does not have PTSD due to sexual harassment or assault during

her service."

Evidence contemporaneous with service was lacking- this could be any hosp report, any HIV test, any letters home, any immediate reaction that was documented in the veteran's personnel or medical records-

As Huskerfanfls post shows this woman exhibited behavior that was not normal for her,after the sexual incident, and it was witnessed.

[goofycow]

I have been trying to get treatment forMST for several years now. I already have a 70% rating for major depressive disorder.....but heck!!! I can't even get treatment for that!!

Good luck in getting your claim for PTSD granted. According to their own standards, you should have the VA dead to rights, but sadly VA seems to play by thier own rules only when it suits their purpose.

[mountain tyme]

I have been trying to get treatment forMST for several years now. I already have a 70% rating for major depressive disorder.....but heck!!! I can't even get treatment for that!!

Good luck in getting your claim for PTSD granted. According to their own standards, you should have the VA dead to rights, but sadly VA seems to play by thier own rules only when it suits their purpose.

Thank You...and I am sorry to hear that even after all the stuff I am sure you went through to get your rating that they are still putting up walls for you to get the needed support you need and deserve it is criminal...I will keep you in my prayers goofycow...that things will be put right for you.

God Speed

MT