38 CFR Part 4, Rating Schedule

38 CFR § 4.129

Mental disorders due to traumatic stress

Comes up when a mental health condition from a stressful in-service event was serious enough to cause a medical discharge.

How the Board actually uses this section

Original RateMyVSO research, catalogued from the full archive of published Board of Veterans' Appeals decisions. No other source measures how each regulation plays out at the Board.

51.7%
granted at least one issue
4,177
published decisions citing it

The grant figure reflects the mix of claims where this section comes up, not the legal merit of any single claim.

Read the 4,177 decisions citing § 4.129

The conditions it decides

Decision counts per diagnostic code. Select a bar to read those exact Board decisions.

What this regulation says, in plain English

This section requires VA to rate a mental disorder caused by a highly stressful event at no less than 50 percent if it was severe enough to end the veteran's active service, and to schedule a follow-up exam within six months of discharge to see if the rating should change.

Read the full text of 38 CFR § 4.129

This text was last amended by VA on December 14, 2016. We check it against eCFR every week.

When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted.

(Authority: 38 U.S.C. 1155)

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