How to Prove PTSD for a VA Claim
By Douglas I. Friedman of Friedman Law Firm, P.C.
Tuesday, February 23, 2021
The 3 Elements of a Claim (ANY claim!)
Proving a VA disability claim has three requirements: 1) a current medical condition, 2) an event or injury in the service, and 3) a medical nexus between 1) and 2). Let me explain how this works.
Proving a Current Medical Condition
To prove a current medical condition for PTSD, you should have a medical diagnosis of PTSD and on-going treatment. Without a diagnosis and treatment, it is hard to persuade the VA to look closely at your claim, and they may deny your claim without sending you for a psychological exam. Not always -- --; but almost always.
Under VA rules you must be evaluated by one of their own doctors to establish a claim for PTSD, so if they won’t send you for an evaluation, your claim will be denied. That’s a big reason why we think you must have a diagnosis and treatment to stand a reasonable chance.
Proving "an event or injury in the service?"
The second requirement of “an event or injury in the service” means that you must prove a stressor for your PTSD -- through a so-called “stressor statement.” In other words, what happened in the service that is causing your PTSD symptoms? The stressor can be combat related, but can also be a personal experience, such as being assaulted by other soldiers.
Whatever the stressor is, you must prove it happened. If it happened in combat, the VA usually will take your word for it as long as the stressor is the kind of event that is known to happen in combat to soldiers doing your job.
If the stressor is not combat related, you must prove that the event happened through evidence such as personnel records or medical records -- --; or your own testimony. The more evidence you have to document and corroborate your testimony, the more likely you are to win your case. This is particularly true at the initial claim levels that occur before you can appear and tell your story to a judge.
Proving the Nexus
The requirement of a medical nexus is often the hardest part to prove. We mentioned above that you must be examined by a VA doctor. This doctor must be convinced that your stressor is “as likely as not” to have caused your current PTSD-- This is the nexus! If the VA doctor disagrees on this point, your case will probably be denied. But, don’t give up! There are ways to counter the VA doctor’s opinion that we will discuss in our next post.
PTSD is the kind of disease that can be dormant for many years, and then something happens that triggers it. In that way, it is different from other psychological illnesses. But you still must prove the same three requirements, listed above, for any VA disability claim.
If you have questions about this post feel free to contact us at 205-879-3033 or LifeHealth@FriedmanFirmPC.com -- we will do our best to answer your questions.
More on VA Disability and PTSD
70% PTSD, Depression, Anxiety Could Lead to IU