Legal Question in Veterans Law in Alabama

Denial of veterans claim

I have been recieving treatments since 1985 in a va mental health clinic for major depression and major aniexty disorder. In 2005 the doctor changed my diagnosis to ptsd. I applied for ptsd benefits and was denied because the doctor did not specify a stressor for it. Should they not have contacted the doctor on this before dening my claim


Asked on 3/06/08, 1:07 pm

1 Answer from Attorneys

Jill Mitchell-Thein Heard & Smith, LLP

Re: Denial of veterans claim

Generally, you must prove some sort of stressor that caused your PTSD. If you were in combat, that should be almost automatic. If there was any personal assault in the service, then you can document it in ways other than official records--which of course probably won't mention it. If there was some event that the military would have documentation of like certain bombing raids at certain times & places or other events that could show your unit was there when it happened, that can prove your stressor(s). The doc doesn't have to specify the stressor, you have to tell the doctor what it was--if it was anything specific or anything having to do with your MOS, such as carrying body bags, etc. It is hard, even with a ptsd diagnosis to get service connection w/o showing specific stressors. If you need further information, you can email me directly. Thanks and good luck.

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Answered on 3/06/08, 1:18 pm


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