To win your veterans disability claim for Post-Traumatic Stress Disorder (PTSD), you have to know the building blocks of a successful claim. In this article we will walk you through the elements of how to prove PTSD to VA. While they are similar to what you must prove for other service-connected disabilities, there are some distinctions that are important to keep in mind.
The majority of PTSD claims are filed at some point after the veteran’s service has ended. The veteran is either not experiencing symptoms or is not diagnosed until sometime later, which can sometimes be many years after discharge. Therefore, this article focuses on those types of situations.
There are three main elements you need to understand in how to prove PTSD to VA:
Diagnosis
In-service stressor
Medical “nexus” or link between your PTSD and the in service stressor.
Remember – if you were diagnosed in service, the rules are different.
A Qualifying PTSD Diagnosis
To win your PTSD claim, it should be pretty obvious that you need a formal diagnosis of PTSD. The VA requires a diagnosis from a qualified mental health professional using the Diagnostic and Statistical Manual of Mental Disorders (DSM). This manual is published by the American Psychiatric Association and has had a number of different versions over the years.
The most current version is DSM-V (fifth version), and the VA formally adopted the DSM-V in August 2014. So, if you are diagnosed with PTSD in August 2014 or later, be sure that the doctor doing so is using the DSM-V. If your doctor uses DSM-IV or some other earlier version, the VA will not accept that as good evidence that you have been diagnosed with PTSD. The good news is that most doctors will be using the DSM-V by now. Also, the most recent DSMs (DSM-IV and V) have updated diagnostic criteria that may qualify some claims that may have failed before.
In-Service Stressor
For any type of claim for veterans disability compensation benefits, you must have an in-service event, injury, or disease. A PTSD claim is no different. You must provide VA with some evidence that something happened during the time of your service that was a sufficiently stressful event.
Veterans and others often think of combat as the type of stressor that leads to PTSD. While many of our clients have seen and experienced terrible events during combat that triggered their PTSD, you may have experienced other similarly stressful events outside of combat. We have represented veterans who have witnessed horrific fatal accidents in non-combat situations, handled the bodies of dead fellow service members being returned from a combat zone, and other similarly traumatizing situations.
Some other examples of in-service stressors include experiencing or witnessing rape or military sexual trauma, physical attack, explosion, or natural disaster. If your claimed stressor is not related to combat or the fear of hostile military or terrorist activity, you will need to provide corroborating evidence to prove the stressor. Corroborating evidence is simply evidence from a source other than you (another person, military records, newspaper accounts, etc.) that confirms the event you are claiming.
A Nexus or Link Between Your PTSD and Your In-Service Stressor
Once you have those first two requirements out of the way – a PTSD diagnosis and proof of a stressor in service – you will need to “connect the dots” as required by VA regulations. That means medical evidence connecting your PTSD to the events you experienced in service.
To be sufficient, it should be an opinion from a psychiatrist, psychologist, although the VA may accept an opinion from someone with less training such as a licensed therapist, counselor, or clinical social worker. But remember, if the VA obtains an opinion about this link, it will probably be from a psychiatrist or psychologist. So you want someone whose opinion will carry the same or more weight as the opinion that VA may get.
Know When to Reach Out For Help
Just as it is difficult for some of those struggling with PTSD to admit they need help fighting this disorder, it can be difficult to realize you need help with your PTSD VA claim as well. While we have boiled down how to prove PTSD to VA into three basic steps here, each one is full of twists and turns that can cause VA to deny your claim.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp.
They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
