Unverified Stressor Event & PTSD Denials
Have you been denied a PTSD claim with an Unverified Stressor Event?
Although there are documented incidents as far back as the 1400s, Post Traumatic Stress Disorder (PTSD) became a widespread problem during World War I. The use of terrible new weapons, such as machine guns, poison gas, and bombs packed with TNT gave many soldiers “shell shock.”
Back then, many doctors believed that PTSD was simply a processing disorder, and after a brief rest, the victims would be fine. Many people still believe that. In 2012, the Canadian Armed Forces made the still-controversial decision to change the PTSD designation to Operational Stress Injury (OSI). OSI victims are eligible for the Sacrifice Medal, which is the Canadian equivalent of a Purple Heart.
Regardless of what it is called, PTSD has real effects. Symptoms like flashbacks, nightmares, inexplicable mood swings, and heightened awareness make it difficult or impossible to function at work or home. So, if veterans with PTSD can establish a service- connection, VA benefits may be available.
PTSD Benefits Available
Since every case is different and everyone has different symptoms, claims examiners and administrative law judges review the evidence, which usually includes the medical records, and then assign a PTSD disability rating. That rating is between 0% (little or no impairment) and 100% (total impairment). Generally, benefits begin at 10%.
Other available benefits related to service-connected PTSD could include medical assistance devices or services, such as adapted vehicles, part-time in-home care, and other such benefits.
PTSD Stressors
The VA never awards benefits for PTSD unless the veteran proves there is a service-related stressor, or a triggering event. That stressor usually falls into one of the three following categories:
- Consistent Combat Stress: Many veterans develop PTSD after a combat experience. Exposure to combat stress erodes the cerebral cortex, causing symptoms like flashbacks and the other ones mentioned above. If the stressor is directly related to the claimant’s service record, such stressors are normally easy to establish. For example, a front-line Iraq veteran might develop PTSD after a firefight.
- Inconsistent Combat Stress: Other times, there is no direct connection between the stressor and the claimant’s service record. If our hypothetical Iraq veteran developed PTSD after witnessing a suicide bomber attack, and there is no such incident in her file, the claimant may need to present additional evidence.
- Fear of Combat: This stressor is the most difficult one to establish. Primarily, it is more difficult, but not impossible, to tie PTSD to fear than combat stress. Typically, to establish combat fear as a PTSD stressor, the claimant needs witnesses of the fearful event as well as witness of the PTSD symptoms.
In PTSD and other disability cases, the claimant must establish a service connection, stressor, and other elements of the claim by at least as likely as not.
Contact Experienced Attorneys
PTSD claimants may establish stressors several different ways. For a free consultation with an experienced veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.
