Thursday, November 1, 2012

Different standards for establishing service connection for PTSD

The standards for establishing entitlement to service connection for PTSD based on “fear of hostile military activity” do not apply to PTSD based on in-service assault by a fellow service-member. Acevedo v. Shinseki, docket no. 10-3402 (July 9, 2012).

A veteran who claims entitlement to service connection for PTSD based on “fear of hostile military or terrorist activity,” can establish the occurrence of the in-service stressor with his/her lay statements alone.  38 C.F.R. § 3.304(f)(3).  A veteran who claims entitlement to service connection for PTSD based on in-service personal assault, however, must provide other evidence to corroborate his/her lay statements regarding the occurrence of the in-service assault.  38 C.F.R. § 3.304(f)(5).

(posted to hoeferlaw.com July 2012)

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