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2010 PTSD regulations


Berta
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"Effective July 13, 2010, the regulations governing adjudication of service connection for posttraumatic stress disorder (PTSD) were liberalized, in certain circumstances, with respect to the evidentiary standard for establishing the required in-service stressor. For cases pending before VA as of that date, 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 a psychiatrist or psychologist with whom VA has contracted, 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. For purposes of this paragraph, "fear of hostile military or terrorist activity" means that a veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the Veteran or others, such as from an actual or potential improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft, and the Veteran's response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror. 38 C.F.R. § 3.304 (f)(3); see 75 Fed. Reg. 39843 (July 13, 2010)."

https://www.va.gov/vetapp15/Files6/1547678.txt

They are difficult to find here- this is in addition to my article on Definition of a stressor-these regulation were developed primarily for OIF/IEF veterans but can be used for any PTSD claim, whereby the veteran had  "fear of hostile military or terrorist activity."

If " 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 i an important facet that can apply to all PTSD claims.

That does not include problems with Command. That is not a stressor ( I had a local vet with that reason as giving him PTSD- that won't work).

 

The Definition of a Stressor article I did long ago ere (post 2010) is still applicable in many ways.

https://community.hadit.com/topic/51577-new-post-defining-a-stressor/page/2/

One does not need to be in combat to have a valid PTSD stressor.

MST PTSD has a full forum here as those claims are handled differently that non MST PTSD claims.

And don't overlook Clemons- 

It is explained in my Definition of a Stressor article.

 

 

 

 

 

 

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Great information Ms berta

also a veteran can claim in fear for his life as a stressor   boobie traps and mind fields  ect,,ect,, like what was used in Vietnam

Now with the war going on in Iraq and afghanistan   road side bombs are used frequently and IED's   but these wars were a lot different WARS from each other.

.a veteran should be able to claim road side bomb as in fear for his life.

I was not over in the gulf wars like desert storm and on forward  IRAQ  AND AFGHANISTAN   BUT FEAR FOR YOUR LIFE  ANY OF THESE CONFLICTS SHOULD BE IN FEAR FOR YOUR LIFE  IN  WAR ZONE

NOT KNOWING WHEN YOUR GOING TO GET HIT WITH SOMETHING  THAT CAN KILL YOU OR BLOW YOUR BODY TO BITS   IS A FEAR NO ONE CAN UNDERSTAND UNTIL THEY THEM SELF WITNESS IT OR SEE IT HAPPEN

MY GRANDSON WAS IN I RAQ AND WAS A COMBAT MEDIC  A ROADSIDE BOMB WENT OFF AND KILLED 3 OF HIS BUDDYS AND HAS HE WENT TO HELP THE OTHERS THAT WERE WOUNDED ANOTHE RROADSIDE BOMB DENATED AND BLOWED HIM ABOUT 6 FEET BUT HE WAS OK   SHOOK HIM UP FROM THE BLAST BUT HE WAS NOT INJURED BADLY BUT HE DID USE THAT AS A STRESSOR AFTER HE GOT OUT.

   HE IS 26 YEARS OLD AND IS 100% with 3 SMC's including TBI AND HIS OTHER SERVICE CONNECTED DISABILITIES.TO INCLUDE PTSD

..BEFORE HE WENT IN I HAD TALKED TO HIM PRETTY GOOD ABOUT REPORTING THINGS IF HE GOT HURT. & MAKE SURE ITS IN YOUR MEDICAL RECORDS   SO HE DID AND HIS CLAIMS WENT FAST  HE FILED RIGHT AFTER HE GOT OUT.

Edited by Buck52
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Thanks for posting this Berta.  While I was aware of it, I needed a "citation" to guide Veterans because, like other of the VA regs, VA will try to weasel out of them at every opportunity.  

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