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Post Traumatic Stress Disorder (PTSD)

In 1996, the VA adopted the diagnostic criteria set out in the Diagnostic and Statistical Manual for Mental Disorders-IV (DSM-IV) used to establish PTSD. The DSM-IV provides the following criteria regarding trauma exposure (or stressor):

1. The person experienced, witnessed, or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others; and
2. The person’s response involved intense fear, helplessness, or horror.

Both of these elements are required to support a diagnosis of PTSD. Where a veteran establishes through military records that he served in combat the stressor is often conceded. Where a veteran was in a non-combat role (such as administration) but was tied to a combat unit, it is necessary to establish through military or historical records that the unit came under attack during the veteran’s assignment. This generally is sufficient to establish a traumatic event upon which a diagnosis of PTSD can established.

To support a claim for service connection for PTSD, a claimant must present evidence of (1) a current diagnosis of PTSD (based on the elements discussed above); (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) medical evidence of a causal nexus between the current symptoms and the claimed in-service stressor. If the claimed stressor is not combat related, its occurrence must be corroborated by credible supporting evidence.

When a claim for PTSD is based on a non-combat stressor, a veteran’s lay statements alone are insufficient proof of a stressor. To support your claim, seek statements from former military personnel who may have witnessed the event(s) or at least your response to the event(s). Statements from family members about changes in your behavior while you were in the service or after you were discharged are also helpful. Military records demonstrating a change in your duty performance and any information regarding changes in duty assignment may be of assistance as well.

Recent statistics indicate that an estimated 300,000 current or former combat troops have PTSD or depression. Mental health problems in veterans are second only to orthopedic problems and are increasing at a faster rate than in the past.

If you have already been granted service connection for PTSD and you are in disagreement with the rating assigned, you may seek an increased rating. VA regulations provide for the varying evaluations for mental disorders such as PTSD. Your ability to work and interact with others is central to a proper evaluation of the disabling nature of your condition.

If you wish to appeal a denial for PTSD or seek an increased rating, please contact us.

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DISCLAIMER: The information provided on this web site is intended for general information only and does not constitute legal advice. Responses to email inquiries are, of necessity, rather generalized in that each case involves specific facts and circumstances that must be ascertained from military and VA records before a competent legal analysis is rendered. Legal representation of your claim is commenced only upon the execution of a legal retainer agreement that has been signed by both parties.

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