VA Disability Advocate - Filing PTSD and MST Claims
Posttraumatic
stress disorder (PTSD) can occur after you have been through a trauma. A trauma
is a shocking and dangerous event that you see or that happens to you. During
this type of event, you think that your life or others' lives are in danger.
Going
through trauma is not rare. About 6 of every 10 men (or 60%) and 5 of every 10
women (or 50%) experience at least one trauma in their lives. Women are more
likely to experience sexual assault and child sexual abuse. Men are more likely
to experience accidents, physical assault, combat, disaster, or to witness
death or injury.
PTSD
can happen to anyone. It is not a sign of weakness. A number of factors can
increase the chance that someone will develop PTSD, many of which are not under
that person's control. For example, if you were directly exposed to the trauma
or injured, you are more likely to develop PTSD.
FILING YOUR PTSD/MST CLAIM
To
file a disability claim with the Veterans Administration (VA), you
will need to submit a special application, VBA-21-0781a, and VA Form
21-526EZ, Veterans Application for Compensation and/or Pension, to
the VA. You must also be seen by a psychiatrist at a VA medical
facility so that the psychiatrist can diagnose you with PTSD.
To
receive VA compensation for PTSD there are two items of evidence that must
exist. One without the other is worthless in establishing your claim to
VA compensation for PTSD.
Stressor: In a recent regulatory
revision, the VA will accept as a stressor the fact that a veteran was in
"fear of military or terrorist activity." Likewise, any event
that involves actual or threatened death or serious injury could also be
considered as a stressor. That fear or event must be consistent with the
places, types, and circumstances of the veteran's service. Moreover, a VA
psychiatrist or psychologist, or those working under contract to the VA, must
confirm that the claimed stressor is adequate to support a diagnosis of PTSD.
Diagnosis: A diagnosis of Post-Traumatic Stress
Disorder rendered by a psychiatrist. Counseling reports prepared by
Vet Centers may be considered in determining the degree of your impairment;
however, there must be a diagnosis of PTSD made by a physician specialized
in psychiatry.
WRITING YOUR STRESSOR STATEMENT
It
is important that your claim is prepared as well as possible. If
improperly prepared or documented, your claim is likely to
fail. Depending on why it failed, your claim may damage your ability
to successfully appeal a bad decision or to win approval in a subsequent
claim. A claim that has been filed incorrectly is as useless to you
and your family as a claim that was never filed.
Writing a Stressor Statement:
1.
Writing a stressor statement can itself be stressful. In many cases, you’re
being asked to recall—and record—events that you’d rather forget. This is true
not only for veterans who served in a combat zone but also for veterans who
suffered Military Sexual Trauma.
2.
Once you’ve described the stressful events, you’ll need to describe how they
have affected you. Begin with a brief summary of your life before you entered
the military. How well did you get along with members of your family? Did you
have friends? A girlfriend or boyfriend? Did you go to school? Take part in
school activities? Did you have a job? How well did you do it? Was religion
important to you? If so, how? Did you play sports? Enjoy hobbies?
3.
Next, describe the stressful events in chronological order. For each event,
give the date and place it occurred, and the name of the unit you were attached
to. Tell what happened in as much detail as possible, and tell how you felt
about what happened. Were you angry? Fearful? Sad? Numb?
4.
You’re not expected to have a perfect memory. If you can’t recall something,
don’t hesitate to say so. But do include as much detail as you can. Are there
specific sights and sounds you can’t forget? If so, write about them.
* NOTE: If you don’t remember precisely
when something happened, do your best to give the VA an approximate time frame.
They’ll need it if it becomes necessary to verify your story by researching
military records. You may be able to peg the event to another occurrence in
your life. Did it happen close in time to a birthday? An anniversary? A
holiday? A death?
5.
Most Important Tell the Truth! There’s no need to exaggerate or
embellish. The facts are powerful enough. Let them speak for themselves.
Clipped from: https://www.vadisabilityadvocate.com/ptsd-mst-tbi-claims
Albert Thombs - Las Vegas VA Disability Claims Agent
athombs@VADisabilityAdvocate.com
athombs@VADisabilityAdvocate.com
for your free consultation. Schedule your appointment at
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