PTSD Claim

[Phil73]

I'm hoping someone could help me with this question. I have two different PTSD events that occurred during my service. One was combat related and the other was non-combat. Do I need to file two different claims or should I just file one and submit my evidence with nexus?

Thanks

[Joey Ross]

On 9/15/2020 at 5:47 AM, Berta said:

Sometimes I wonder if the Vet reps out there are fully  aware of the 2010 PTSD regulations, and if a veteran is not aware of them, they could easily be denied right off the bat:

"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

As the regulations say- if the stressor is consistent with places and times of the veteran's service, the VA might not even have to verify the stressor, and will accept the veteran's lay statement on the stressor.

But I feel any details and even proof of the stressor, with the lay statement , enhances the VA's ability to concede the stressor without a lot of time wasted, trying to get JSRRC to verify it.JSRRC was as affected by the Covid crisis as the VA was. Everything is taking longer than it used to.

"fear of hostile military or terrorist activity" is a key component to the regulations.

 

 

 

C&P exam.pdf I have this in my C&P, should I ask the VA to finish claim with what they have?

[El Train]

Dude, looks like 100% to me.  All check boxes marked including total and occupational symptoms.  I wouldn't ask them to do anything.  They'll finish it when they finish it.  You'll be rated from the time you put your claim in.  Check Ebennifits.  Usually it's pretty quick once they get the C&P done.  Maybe covid has slowed things down.

[Joey Ross]

4 hours ago, El Train said:

Dude, looks like 100% to me.  All check boxes marked including total and occupational symptoms.  I wouldn't ask them to do anything.  They'll finish it when they finish it.  You'll be rated from the time you put your claim in.  Check Ebennifits.  Usually it's pretty quick once they get the C&P done.  Maybe covid has slowed things down.

I've been waiting since C&P in august. Records request from JSRRC.