Proving this link can be exceedingly difficult.
#BVA DECISIONS ON PTSD MANUAL#
While many seek treatment from licensed counselors, the VA generally requires the diagnosis to come from a physician, registered nurse, or nurse practitioner.Ī service member’s diagnosis must be based on the Diagnostic and Statistical Manual of Mental Disorders (DSM). Veterans can get denied if they do not have a current PTSD diagnosis from a medical professional. The first step in a PTSD claim involves providing medical evidence of a current disability. An attorney can ensure that service members properly complete each step of properly submitting a PTSD claim, and they can appeal denials.Įvery step is an opportunity for service members to present compelling evidence to support their claim for service-connected benefits. Many service members rely on the assistance of non-attorney representatives or fellow service members when submitting their claim and appealing a PTSD claim denial.īut these cases require the experience of an experienced PTSD appeal attorney. However, the VA is not always correct in its initial assessment and can be convinced to reconsider an initial decision. Often the VA will deny a claim based on some perceived ineligibility. If the VA denied your PTSD claim for missing records, you can appeal the decision. The VA will often deny a PTSD claim if it does not have a record of your service. To qualify for VA benefits with a PTSD diagnosis, you must include the necessary service records. Obtaining the evidence the VA wants to see to approve a claim can be a challenge however, it is possible.Ī knowledgeable PTSD appeals attorney can help veterans present a compelling application while saving them time and stress. One of the most common reasons the VA gives for denying PTSD claims is lack of evidence. Let’s take a look at a few common reasons why the VA has denied PTSD claims. Denials are relatively common with PTSD claims. So if you are wondering why your PTSD claim was denied you are not alone. You must also present credible supporting evidence that the claimed in-service stressor actually occurred.Īlthough the standard appears straightforward, the inherently bureaucratic nature of the system along with complex evidentiary requirements makes this an exceedingly challenging process.Įven though 38 USC § 5107(b) provides that the VA must give you the “benefit of the doubt,” the VA continues to deny PTSD claims because of errors and evidentiary issues. You must provide medical evidence that there is a link between their current symptoms and an in-service stressor. Under 38 CFR § 3.304(f), service connection for PTSD requires medical evidence diagnosing the condition under 38 CFR § 4.125(a). Was Your PTSD Claim Denied by the VA? Why Are PTSD Claims Denied? You may be wondering, Are there reasons my VA PTSD claim was denied? The answer is yes - the VA denies meritorious PTSD claims for many reasons.
Generally, under the VA standard, those who serve in the armed forces and who receive a discharge “under conditions other than dishonorable” are eligible for VA benefits. Many of these experiences result in post-traumatic stress disorder (PTSD), which can drastically inhibit a service member’s quality of life and everyday activities. But some of the most catastrophic service injuries relate to the psychological aftermath of a traumatic experience. Some physical injuries can be traced directly to a military event. The Veterans Benefits Affairs (VBA) claims process is a lengthy and daunting process that often raises uncomfortable emotions related to a person’s service, injury, or resulting illness.Īlthough the VBA touts its benefits, the reality is that many service members are ultimately left with little to no recourse for the damaging effects of their service. | By Gayle Gerling Pettinga | Read Time: 5 minutes
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