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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