VIII.iv.1.D.2.j. Disposition of an Issue Claimed and/or Developed as SC for PTSD | | Use the table below in order to arrive at the proper disposition of an issue claimed and/or developed as SC for PTSD diagnosed after service and claimed as related to an in-service stressor. | If … | Then … |
|---|
| there is no current diagnosis of PTSD or of another mental disorder | deny the claim on that basis. Notes: If the existence of a stressor has not been determined, do not include a discussion of the alleged stressor in the rating decision. References: For more information on | - there is current PTSD, but
- either
- the claimant failed to provide sufficient information about a claimed in-service stressor, or
- a sufficiently described stressor could not be established
| deny the claim on the basis that a stressor has not been established. Note: The rating decision should note the request(s) for information. References: For more information on- actions that must be completed to verify a claimed in-service stressor, see M21-1, Part VIII, Subpart iv, 1.A.3.d, and
- prerequisites to denying a claim because of an uncorroborated stressor, see M21-1, Part VIII, Subpart iv, 1.D.2.i.
| - there is current PTSD, and
- there is either
- credible supporting evidence of the claimed in-service stressor, or
- sufficient proof of an in-service stressor falling into one of the types listed in M21-1, Part VIII, Subpart iv, 1.A.3.b, but
- the evidence proves that PTSD is not due to the in-service stressor
| deny the claim on the basis that the current PTSD does not have a nexus to service. | - there is current PTSD
- there is either
- the diagnosis of PTSD is based upon the established in-service stressor
| grant the claim. Note: This includes fact patterns where there is an in-service stressor as well as stressors before and/or after service but based on the medical evidence the in-service stressor is considered the predominant cause of the disability. | - the claim is based on personal trauma, including military sexual trauma (MST)
- service records (and alternative evidence, if any was identified and obtained) do not establish the occurrence of the claimed in-service personal traumatic event(s), and
- the examiner
- interprets markers as supportive of the occurrence of personal trauma, and
- links the diagnosis to the claimant’s reported personal traumatic event(s),but
- determines that a diagnosis other than PTSD (depression, chronic adjustment disorder, generalized anxiety disorder, bipolar disorder, for example) more accurately describes the current disability
| deny the claim. Explanation: Non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303, which require sufficient documentary evidence of the in-service event.For non-PTSD diagnoses, there is no provision for establishing the occurrence of an MST or other personal traumatic event in service based only on a marker(s) and the examiner’s acceptance of the Veteran’s lay statement of the event.References: For more information on- reviewing for credible evidence of a personal trauma stressor, see M21-1, Part VIII, Subpart iv, 1.B.2.c
- alternative sources of evidence of personal trauma, see M21-1, Part VIII, Subpart iv, 1.E.1.c, and
- evidence that may constitute a marker of a personal traumatic event to support a claim for PTSD, see M21-1, Part VIII, Subpart iv, 1.E.1.d.
| - the claim is based on personal trauma, including MST
- service records and/or alternative evidence is/are sufficient to establish that the claimed in-service personal traumatic event(s) occurred, and
- the examiner
- links a diagnosis to the claimant’s history of personal trauma, but
- determines that a diagnosis other than PTSD (depression, chronic adjustment disorder, generalized anxiety disorder, bipolar disorder, for example) more accurately describes the current disability
| grant the claim. Explanation: Non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303, which require sufficient documentary evidence of the in-service event. Here there are records supporting that the in-service event occurred. References: For more information on | - the claim is based on fear of risks from hostile military or terrorist activity
- stressor development supports that the Veteran served in an area and time where there were risks of hostile military or terrorist activity, and
- the examiner
- links a diagnosis to the claimant’s history, but
- determines that a diagnosis other than PTSD (depression, chronic adjustment disorder, generalized anxiety disorder, for example) more accurately describes the current disability
| before making a decision, proceed with development research as described in M21-1, Part VIII, Subpart iv, 1.A.3.d, if possible, on whether any claimed in-service events (beyond mere service in an area of hostile military or terrorist activity) that formed the basis for the examination diagnosis actually occurred. Deny the claim if either- no specific experiences are claimed beyond service in an area of hostile military or terrorist activity, or
- additional research does not support that the claimed in-service event(s) forming the foundation for the examination diagnosis occurred.
Grant the claim only if further development is possible and that development permits a finding that the in-service event(s) forming the basis for the diagnosis occurred. Explanation: Non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303, which require sufficient documentary evidence of the in-service event. For non-PTSD diagnoses, there is no provision for establishing the occurrence of a fear-related “event” in service based only on the Veteran’s lay statement and its acceptance by an examiner. | Note: This table is intended to cover PTSD or non-PTSD diagnoses arising after service and claimed to be related to an in-service stressor event. References: For more information on- PTSD developing in service due to
- an in-service stressor, see M21-1, Part VIII, Subpart iv, 1.D.1.d, and
- a pre-service stressor, see M21-1, Part VIII, Subpart iv, 1.D.1.e
- general procedures for rating mental disorders, see M21-1, Part V, Subpart iii, 13
- evaluating evidence and making a decision, see M21-1, Part V, Subpart ii, 1, and
- sympathetic reading and determining the scope of a claim based on a mental disorder, see
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