Special Cases of Service-Connected Compensation for Post-Traumatic Stress Disorder
June 06, 2022
Under 38 CFR § 3.304(f), the government provides the elements that a service member must meet to qualify for post-traumatic stress disorder (PTSD) compensation. Under the statute, service connection is available if the claimant presents medical evidence diagnosing the condition per CFR § 4.125(a). Moreover, they must provide medical evidence establishing a link between current symptoms and in-stressor service. Finally, the claim must include credible evidence that the alleged in-service stressor occurred. An attorney can assist claimants in meeting the “reasonable doubt’ standard under 38 CFR § 3.102.
The first step of these claims requires a veteran to prove that they have a current PTSD diagnosis, indicated by a medical professional. The diagnosis must meet the Diagnostic Statistics Manual V (DSM V) standards. Hostile enemy zone PTSD cases require a VA psychologist or psychiatrist diagnosis. The medical evidence should indicate the level of disability under the VA’s Rating Schedule. The medical provider should include relevant symptoms in their medical records. Some common symptom clusters have:
- Avoidance
- Persistent negative alterations in mood and cognition
- Constant negative emotional state and
- Alterations in arousals and reactivity
In most cases, the VA will schedule the claimant for a free medical Compensation & Pension Exam (C&P Exam). These exams tend to minimize a claimant’s symptoms and condition. However, an experienced attorney can advocate for or against a C&P report on behalf of a veteran.
Next, veterans must provide medical evidence linking PTSD with the in-service stressor. Veterans should present letters of support from any mental health provider to the C&P doctor. Finally, a veterans’ benefits lawyer can assist veterans in gathering and presenting evidence of their in-service injury or illness. This evidence may be found in Military Personnel Records (MPRs), Service Medical Records (SMRs), buddy statements, and family statements. Veterans must provide the VA with as much descriptive information as possible. Some critical information includes:
- Approximate dates and times of stressors;
- Overall dates of services;
- Location(s) over overseas service;
- Duty assignments; and
- Awards
Sources for this information may stem from veteran statements, current treatment records, military service records, news articles, military blogs, and buddy statements.
Acceptable evidence largely hinges on the type of stressor that the veteran experienced. For example, non-combat cases require more proof than hostile-enemy zone claims. An attorney can work with veterans to meet these challenging requirements.
Have You Experienced PTSD Because of your Military Service?
The attorneys at Legal Help for Veterans, PLLC, have extensive experience successfully representing veterans in their PTSD claims. Our veteran lawyers have over 30 years of combined experience representing veterans. We handle veterans’ affairs disability claims involving mental health issues such as PTSD, TBI, depression, bipolar disorder, and psychosis. Further, we represent clients with Agent Orange-related disabilities, orthopedic injuries, hearing loss, scars and disfigurement, and other similar injuries. We can assist claimants in their original filings, pending claims, and appeals before the Board of Veterans Affairs. Contact our office at 800-693-4800 to schedule a free initial consultation with a dedicated veterans’ rights attorney on our legal team.