https://kaileyking.substack.com/p/stressor-statements?r=2f4jof

https://kaileyking.substack.com/p/stressor-statements?r=2f4jof

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Resources for this Information

• M21-1, Part VIII, Subpart iv, Chapter 1, Section A - General Information and Development for Posttraumatic Stress Disorder (PTSD) Claims
• M21-1, Part VIII, Subpart iv, Chapter 1, Section B - Development for Posttraumatic Stress Disorder (PTSD) Claims Related to Personal Trauma
• M21-1, Part VIII, Subpart iv, Chapter 1, Section C - Examinations for Posttraumatic Stress Disorder (PTSD) Claims
• M21-1, Part VIII, Subpart iv, Chapter 1, Section D - Evidence Evaluation and Decisions for Posttraumatic Stress Disorder (PTSD) Claims
• M21-1, Part VIII, Subpart iv, Chapter 1, Section E - Evidence Evaluation and Decisions for Posttraumatic Stress Disorder (PTSD) Claims Related to Personal Trauma

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HELPFUL SNIPPITS TO USE

• The VA adjudicator cannot find that the lay evidence is not credible simply because the symptoms are not documented in the service records unless the claims file includes a medical opinion that the condition would have required treatment. Jandreau v. Nicholson, 492 F.3d 1372; 1376–77 (Fed. Cir. 2007).
• The VA may not rely upon a veteran's failure to seek treatment during service as negative evidence unless it was the type of injury or condition for which treatment would have been required. Kahana v. Shinseki, 24 Vet. App. 428, 440 (2011).

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Stressor Workshop Part 2: Mental Health Diagnoses

Mental Health Disorders: Categories

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IMPORTANT!!

PTSD has the same claim elements regardless of the type of stressor. The distinction between the different types of PTSD claims is based on how the stressor is verified or conceded. The veteran will not generally know what category their stressor falls in or what evidence is needed to support it, so it’s on us to make that determination, considering that some stressor types have a lower evidentiary threshold than others.

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PTSD and the DSM-4 vs DSM-5

No PTSD Diagnosis

If the in-service diagnosis is of a mental disorder other than PTSD, 38 C.F.R. § 3.303(a) applies, and the veteran must submit evidence (preferably medical) linking the current psychiatric disorder to the in-service diagnosis.

However, if the in-service diagnosis is of a psychotic disorder, then the chronicity and continuity of symptomatology provisions of 38 C.F.R. § 3.303(b) apply, as psychosis is listed as a chronic condition under 38 C.F.R. § 3.309. If the veteran is currently diagnosed with a different psychosis than that diagnosed during service, a medical opinion should be obtained to determine if the two are the same chronic disease or two separate and distinguishable diagnoses. Giles, 987 F.3d at 1374–75.

Two or More Mental Health Diagnoses