Higher level review

[Joey Ross]

OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.

 

Edited June 3, 2021 by Joey Ross

[Joey Ross]

12 minutes ago, Joey Ross said:

The protest was on July 13th 1991 in Northern Iraq on bridge at Turkish border. They have pics of my at the stressor, plus book of my unit in Northern Iraq. They have news paper stories of the stressor I upload from Stars and stripes

By 2010 PTSD rules they should not even need to confirm stressor

[Joey Ross]

9 minutes ago, Joey Ross said:

I'm the first guy in second picture

Kurd protest.pdf 303.79 kB · 2 downloads Blue Falcons Strike Iraq 1991.pdf 11.89 MB · 1 download

 

1757104040_Kurdprotest.pdf

[Buck52]

Stressor Related to Fear of Hostile Military or Terrorist Activity

  Note*  your C&P Examiner did this.

''In July 2010, the VA changed the rules to make it easier for veterans to establish an in-service stressor by eliminating the requirement for corroborating evidence. This applies to cases where a VA psychiatrist/psychologist has diagnosed PTSD and the stressor “is related to the veteran’s fear of hostile military or terrorist activity.” The VA did this because they recognized that there is scientific research relating PTSD to exposure to the inherently stressful nature of places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing. The studies showed that veterans had mental and physical health effects from stressors related to deployment to a war zone even though they did not personally participate in combat.

''Here is what you will need to qualify for this:''

• ''Your stressor is related to your fear of hostile military or terrorist activity (we will talk about what this means below)
• A VA psychiatrist or psychologist, or a psychiatrist/psychologist that is contracted by the VA''
• They need to confirm that your stressor is adequate to support a diagnosis of PTSD
• They need to confirm that your symptoms are related to the claimed stressor
• The stressor has to be consistent with the places, types, and circumstances of your service
• There should be no clear and convincing evidence to the contrary

If you meet these requirements, then your lay testimony or statement, alone may establish the occurrence of your in-service stressor.

Fear of hostile military or terrorist activity means:

• You experienced, witnessed, or were confronted with an event or circumstance that involved
  • actual or threatened death or serious injury, or
  • a threat to your physical integrity or someone else’s, and
• Your response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror.

Some examples would be the threat of an actual or potential improvised explosive device;  a vehicle-embedded explosive device; incoming artillery; rocket or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft.

The regulation applies to all veterans who experienced “fear of hostile military or terrorist activity” regardless of where they were when they experienced this fear. It applies to veterans who served in Iraq, Afghanistan, and any other veteran who served during any period of time in any location, they don’t have to have served in a combat zone. What “fear of hostile military or terrorist activity” doesn’t include is sexual assault or hostile criminal actions of US military personnel directed against other US military personnel.

This regulation only applies to claims that were received after July 13, 2010, or were pending at that time. If the claim that led to the award of service connection for PTSD was pending on July 13, 2010, then the benefits that are awarded are given an effective date of the date the claim was received, even if it was before July 13, 2010. But claims that were denied before July 13, 2010, will not be reopened or readjudicated without new and material evidence to reopen it. The VA, however, will accept a veteran’s statement regarding an in-service stressor as new and material evidence for the purpose of reopening a previously denied claim, if the veteran’s records show service in a  location involving exposure to hostile military or terrorist activity.''

This regulation should help.

Edited April 18, 2021 by Buck52

[Joey Ross]

3 minutes ago, Buck52 said:

Stressor Related to Fear of Hostile Military or Terrorist Activity

  Note*  your C&P Examiner did this.

''In July 2010, the VA changed the rules to make it easier for veterans to establish an in-service stressor by eliminating the requirement for corroborating evidence. This applies to cases where a VA psychiatrist/psychologist has diagnosed PTSD and the stressor “is related to the veteran’s fear of hostile military or terrorist activity.” The VA did this because they recognized that there is scientific research relating PTSD to exposure to the inherently stressful nature of places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing. The studies showed that veterans had mental and physical health effects from stressors related to deployment to a war zone even though they did not personally participate in combat.

''Here is what you will need to qualify for this:''

• ''Your stressor is related to your fear of hostile military or terrorist activity (we will talk about what this means below)
• A VA psychiatrist or psychologist, or a psychiatrist/psychologist that is contracted by the VA''
• They need to confirm that your stressor is adequate to support a diagnosis of PTSD
• They need to confirm that your symptoms are related to the claimed stressor
• The stressor has to be consistent with the places, types, and circumstances of your service
• There should be no clear and convincing evidence to the contrary

If you meet these requirements, then your lay testimony or statement, alone may establish the occurrence of your in-service stressor.

Fear of hostile military or terrorist activity means:

• You experienced, witnessed, or were confronted with an event or circumstance that involved
  • actual or threatened death or serious injury, or
  • a threat to your physical integrity or someone else’s, and
• Your response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror.

Some examples would be the threat of an actual or potential improvised explosive device;  a vehicle-embedded explosive device; incoming artillery; rocket or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft.

The regulation applies to all veterans who experienced “fear of hostile military or terrorist activity” regardless of where they were when they experienced this fear. It applies to veterans who served in Iraq, Afghanistan, and any other veteran who served during any period of time in any location, they don’t have to have served in a combat zone. What “fear of hostile military or terrorist activity” doesn’t include is sexual assault or hostile criminal actions of US military personnel directed against other US military personnel.

This regulation only applies to claims that were received after July 13, 2010, or were pending at that time. If the claim that led to the award of service connection for PTSD was pending on July 13, 2010, then the benefits that are awarded are given an effective date of the date the claim was received, even if it was before July 13, 2010. But claims that were denied before July 13, 2010, will not be reopened or readjudicated without new and material evidence to reopen it. The VA, however, will accept a veteran’s statement regarding an in-service stressor as new and material evidence for the purpose of reopening a previously denied claim, if the veteran’s records show service in a  location involving exposure to hostile military or terrorist activity.''

This regulation should help.

So should I ask VA to process my claim with what they have? The have my military personal file also

[Buck52]

Yes and  show them the regulation on the stressor criteria from July 2010  

Read CFR 38 3.304 (f)  make copy send in as your evidence for your stressor

The Department of Veterans Affairs (VA) is amending its adjudication regulations governing service connection for posttraumatic stress disorder (PTSD) by liberalizing in some cases the evidentiary standard for establishing the required in-service stressor. This amendment eliminates the requirement for corroborating that the claimed in-service stressor occurred 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, provided that the claimed stressor is consistent with the places, types, and circumstances of the veteran's service.

This amendment takes into consideration the current scientific research studies relating PTSD to exposure to hostile military and terrorist actions. The amendment acknowledges the inherently stressful nature of the places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing. With this amendment, the evidentiary standard of establishing an in-service stressor will be reduced in these cases. The amendment will facilitate the timely processing of PTSD claims by simplifying the development and research procedures that apply to these claims.

DATES:

Effective Date: This final rule is effective July 12, 2010.

Applicability Date: This final rule applies to an application for service connection.

[Buck52]

Joey Ross,

I think I remember reading a post you made some times back maybe 3/5 months back

Was you denied and this is Appealed  by you or your VSO?

 OR IS THIS YOUR FIRSST TIME CLAIM  for PTSD and your still waiting on a decision? due to they can't find your records  to prove your stressor?

 How long as your claim been under prosecution? or waiting for more information?

It maybe that the covid 19 has slowed these claims down and people working from home  ect,,,ect,,, and just have not got back to your claim just yet?

I realize this coronavirus has slowed down everything   especially the process of Veterans claims.