M21-1, Part IV, Subpart ii, Chapter 1, Section D – Claims for Service Connection (SC) for Post-Traumatic Stress Disorder (PTSD)

In This Section

Introduction

• developing claims of SC for PTSD due to in-service stressors
• responsibility for stressor verification
• primary evidence to corroborate a claimed in-service stressor
• secondary sources of evidence that may corroborate a claimed in-service stressor
• accepting buddy statements of a fellow Veteran as corroboration of a claimed in-service stressor, and
• annotating documents used to concede a stressor.

Change Date

IV.ii.1.D.1.a.
Developing Claims of SC for PTSD Due to In-Service Stressors

• credible supporting evidence that the claimed in-service stressor actually occurred
• medical evidence diagnosing the condition in accordance with 38 CFR 4.125, and
• a link, established by medical evidence, between current symptomatology and the claimed in-service stressor.

• establishing SC for PTSD, see
  • 38 CFR 3.304(f), and
  • 38 U.S.C.1154(b)
• duty to assist with requesting records, see M21-1, Part I, 1.C, and
• when to request evidence from the Veteran to establish an in-service stressor, see M21-1, Part IV, Subpart ii, 1.D.2.

IV.ii.1.D.1.b.  Responsibility for StressorVerification

• obtaining all military or other medical records and additional stressor information, when needed, as noted in M21-1, Part IV, Subpart ii, 1.D.2
• attempting concession of the stressor based on the criteria noted in M21-1, Part IV, Subpart ii, 1.D.3, and
• performing additional stressor corroboration procedures by the U.S. Army and Joint Services Records Research Center (JSRRC) Coordinator as outlined in M21-1 Part IV, Subpart ii, 1.D.4.

IV.ii.1.D.1.c.  Primary Evidence to Corroborate a Claimed In-Service Stressor

• service personnel records and pay records
• military occupation evidence
• hazard pay records
• military performance reports
• verification that the Veteran received Combat/Imminent Danger/Hostile Fire Pay
• unit and organizational histories
• daily staff journals
• operational reports-lessons learned (ORLLs)
• after action reports (AARs)
• radio logs, deck logs, and ship histories
• muster rolls
• command chronologies and war diaries, and
• monthly summaries and morning reports.

Notes: 

• Many of the unit documents listed above are available on the Compensation Service Intranet site, Stressor Verification.
• A Veteran’s military occupation may be specified on his/her DD Form 214, Certificate of Release or Discharge From Active Duty, or in service personnel records.
• This information may be requested from the Defense Finance and Accounting Service.
• Military performance reports may be requested via the Personnel Information Exchange System (PIES).
• Combat/Imminent Danger/Hostile Fire Pay may be requested through the Veterans Information Solution (VIS).
• While confirmation of receipt of Combat/Imminent Danger/Hostile Fire Pay through VIS alone does not constitute verification of a combat-related stressor, it may, in combination with other evidence, “tip the scales” in favor of the Veteran’s assertion of his/her involvement in combat.

Reference:  For more information on Combat/Imminent Danger/Hostile Fire Pay, see the PTSD Rating Job Aid website.

IV.ii.1.D.1.d.  Secondary Sources of Evidence That May Corroborate a Claimed In-Service Stressor

• buddy statements
• contemporaneous letters and diaries
• newspaper archives, and
• information from VBA-sanctioned websites, which may be accessed through the PTSD Rating Job Aid website.

• related to the Veteran’s fear of hostile military or terrorist activity or drone aircraft crew member duties, and
• consistent with the places, types, and circumstances of the Veteran’s service.

IV.ii.1.D.1.e.  Accepting Buddy Statements of a Fellow Veteran as Corroboration of a Claimed In-Service Stressor

• Upon receipt of a DD Form 214 (or other document containing personally identifiable information (PII)) from a fellow Veteran in support of a paper-based claim
  • place the document in a separate envelope in the claims folder, and
  • annotate on the envelope that the contents must not be
    • reproduced, or
    • reviewed by the Veteran to whom the claims folder pertains or his/her representative.
• In paperless claims processing, individual documents bearing the PII of a Veteran other than the claimant should be designated with a  Veterans Benefit Management System (VBMS) bookmark or SUBJECT value that clearly identifies the restricted nature of the content.

Example 1:

Example 2:

• bookmarking an electronic claims folder document, see M21-1, Part III, Subpart ii, 4.G.2.n, and
• using a document’s SUBJECT field as a note, see M21-1, Part III, Subpart ii, 4.G.2.s.

IV.ii.1.D.1.f.  Annotating Documents Used to Concede a Stressor

• ensure the evidence is properly uploaded to the electronic claims folder (eFolder), and
• edit the subject line of the relevant document(s) used to concede the PTSD stressor using the following format:  [nature of stressor], pg.[number].

• VBMS User Guide, and
• M21-1, Part III, Subpart ii, 4.G.2.

Introduction

• location of in-service mental health treatment records
• developing for service department records of in-service mental health treatment
• developing for civilian records of in-service mental health treatment
• when to request hospital reports and clinical records
• PIES request codes to use when submitting a records request involving PTSD
• relevant forms related to personnel records in PTSD cases by branch of service
• when to request additional evidence from the Veteran to establish an in-service stressor
• information to request from the Veteran to support an in-service stressor, and
• VBMS paragraphs for stressor development.

Change Date

IV.ii.1.D.2.a.  Location of In-Service Mental Health Treatment Records

• military treatment facility (MTF), or
• civilian treating facility.

IV.ii.1.D.2.b.Developing for Service Department Records of In-Service Mental Health Treatment

• M21-1, Part III, Subpart iii, 2.B.4, and
• M21-1, Part III, Subpart iii, 1.C.3.

• M21-1, Part I, 1.C.1, and
• M21-1, Part III, Subpart iii, 2–4.

IV.ii.1.D.2.c.  Developing for Civilian Records of In-Service Mental Health Treatment

• requesting private treatment records, see
  • M21-1, Part I, 1.C.2, and
  • M21-1, Part III, Subpart iii, 1.D, and
• STRs, including records of “off-base” civilian treatment, see M21-1, Part III, Subpart iii, 2.A.1.e.

IV.ii.1.D.2.d.  When to Request Hospital Reports and Clinical Records

IV.ii.1.D.2.e.  PIES Request Codes to Use When Submitting a Records Request Involving PTSD

• Only limited documents from the Veteran’s personnel folder, including those listed under M21-1, Part IV, Subpart ii, 1.D.2.f, are provided in response to submission of a PIES request under request code O19.
• A copy of all documents within the personnel folder are provided in response to a PIES request submitted under request code
  • O18 for claims processed outside of VBMS, and
  • O50 for claims processed in VBMS.
• If documents not routinely provided by NPRC in response to a request submitted under request code O19 are needed, identify the documents in a customized request, using request code O99.

• requesting information and records through PIES or DPRIS, see M21-1, Part III, Subpart iii, 2.D, and
• requesting fire-related records, see M21-1, Part III, Subpart iii, 2.E.1.e.

IV.ii.1.D.2.f.  Relevant Forms Related to Personnel Records in PTSD Cases by Branch of Service

IV.ii.1.D.2.g.  When to Request Additional Evidence From the Veteran to Establish an In-Service Stressor

• PTSD was initially diagnosed in service
• a confirmed stressor is already of record, or
• the claimed stressor is related to the Veteran’s
  • verified combat or former prisoner of war (FPOW) service and is consistent with the circumstances, conditions, or hardships of such service, or
  • fear of hostile military or terrorist activity, or the Veteran served as a drone aircraft crew member, and exposure to such activity is consistent with the places, types, and circumstances of the Veteran’s service.

IV.ii.1.D.2.h.  Information to Request From the Veteran to Support an In-Service Stressor

• use the appropriate PTSD development paragraphs referenced in M21-1, Part IV, Subpart ii, 1.D.2.i to request information from the Veteran
• enclose VA Form 21-0781 or VA Form 21-0781a to solicit specific details of the in-service stressor, such as the
  • date of the incident
  • place of the incident
  • unit of assignment at the time of the incident
  • detailed description of the event
  • medals or citations received as a result of the incident, and
  • name and other identifying information concerning any other individuals involved in the event, if appropriate, and
• allow the claimant 30 days to submit the requested evidence.

• Do not enclose VA Form 21-0781 or VA Form 21-0781a if the Veteran submitted one with the claim.
• Do not unnecessarily delay an examination or claim by asking the Veteran for specific details or send the Veteran VA Form 21-0781 in any case in which
  • there is credible supporting evidence that demonstrates that the claimed in-service stressor occurred, or
  • the Veteran already provided sufficient details to allow for additional stressor research.
• Do not routinely transmit or request return of a VA Form 21-0781a absent an indication that the claim involves personal trauma.

IV.ii.1.D.2.i.  VBMS Paragraphs for Stressor Development

• fails to respond to the request for stressor information within 30 days, or
• submits insufficient information in response to the 30-day request.

IV.ii.1.D.3.a.  When a Veteran’s Lay Testimony Alone May Establish an In-Service Stressor

• PTSD is diagnosed in service, and the stressor is related to that service, or
•  the stressor is related to the Veteran’s
  • engagement in combat with the enemy
  • experience as an FPOW as defined by 38 CFR 3.1(y), or
  • fear of hostile military or terrorist activity or duties as a drone aircraft crew member, if a VA psychiatrist or psychologist, or contract equivalent, confirms the
    • claimed stressor is adequate to support a diagnosis of PTSD, and
    • Veteran’s symptoms are related to the claimed stressor.

• For the Veteran’s lay testimony alone to establish the occurrence of a claimed stressor,
  • the stressor must be consistent with the
    • circumstances, conditions, or hardships of service for claims based on an in-service PTSD diagnosis or FPOW or combat service, or
    • places, types, and circumstances of service for claims based on a fear of hostile military or terrorist activity or duties as a drone aircraft crew member, and
  • there must be no clear and convincing evidence to the contrary.
• For claims decided prior to July 13, 2010, a Veteran’s testimony alone could not establish the occurrence of a stressor that was related to the Veteran’s fear of hostile military or terrorist activity.

• evidence requirements for claims based on
  • a diagnosis of PTSD in service, see
    • 38 CFR 3.304(f)(1) and
    • M21-1, Part III, Subpart iv, 4.O.2.d
  • combat service, see
    • 38 CFR 3.304(f)(2) and
    • VAOPGCPREC 12-1999
  • a fear of hostile military or terrorist activity, see 38 CFR 3.304(f)(3)
  • FPOW service, see 38 CFR 3.304(f)(4)
• definitions of
  • engaging in combat with the enemy, see M21-1, Part IV, Subpart ii, 1.D.3.d, and
  • fear of hostile military or terrorist activity, see M21-1, Part IV, Subpart ii, 1.D.3.e, and
• establishing a stressor related to
  • combat, see M21-1, Part IV, Subpart ii, 1.D.3.h
  • fear of hostile military or terrorist activity, see M21-1, Part IV, Subpart ii, 1.D.3.i, and
  • drone aircraft crew member duties, see M21-1, Part IV, Subpart ii, 1.D.3.j.

IV.ii.1.D.3.b.  Reviewing for Credible Supporting Evidence of a Stressor

• documents the Veteran’s participation in the event
• indicates the Veteran served in the immediate area and at the particular time in which the stressful event is alleged to have occurred, and
• supports the description of the event.

• a plane crash
• a severe weather event
• a motor vehicle accident
• witnessing the death, injury, or threat to the physical being of another person caused by something other than hostile military or terrorist activity, and
• actual or threatened death or serious injury, or other threat to one’s physical being, caused by something other than hostile military or terrorist activity.

• Corroboration of every detail is not required.
• Evidence may be sufficient if it implies a Veteran’s personal exposure to the event.
• Evaluate the evidence as a whole to determine whether a stressor is sufficiently corroborated.

• the stressor verification review procedure, see M21-1, Part IV, Subpart ii, 1.D.3.c
• credible supporting evidence of a stressor, see M21-1, Part III, Subpart iv, 4.O.4.f and g
• reviewing evidence for corroboration of a stressor, M21-1, Part III, Subpart iv, 4.O.4.h, and
• weighing evidence, see M21-1, Part III, Subpart iv, 5.A.

IV.ii.1.D.3.c. StressorVerification Review Procedure

IV.ii.1.D.3.d.  Definition:  Engaging in Combat With the Enemy

• combatant, or
• service member performing duty in support of combatants, such as providing medical care to the wounded.

IV.ii.1.D.3.e.  Definition:  Fear of Hostile Military or Terrorist Activity

• the Veteran experienced, witnessed, or was confronted with an event or circumstance that involved
  • actual or threatened death or serious injury, or
  • a threat to the physical integrity of the Veteran or others, and
• the Veteran’s response to the event or circumstances involved a psychological or psycho-physiological state of fear, helplessness, or horror.

• actual or potential improvised explosive devices (IEDs)
• vehicle-embedded explosive devices
• incoming artillery, rocket, or mortar fire
• small arms fire, including suspected sniper fire, or
• attacks upon friendly aircraft.

IV.ii.1.D.3.f.  Individual Decorations as Evidence of Combat Participation

• Air Force Achievement Medal with “V” Device
• Air Force Combat Action Medal
• Air Force Commendation Medal with “V” Device
• Air Force Cross
• Air Medal with “V” Device
• Army Commendation Medal with “V” Device
• Bronze Star Medal with “V” Device
• “C” device, denoting combat conditions, when affixed to other awards for meritorious service or achievement
• Combat Action Badge (CAB)
• Combat Action Ribbon (CAR) (Prior to February 1969, the Navy Achievement Medal with “V” Device was awarded.)
• Combat Aircrew Insignia
• Combat Infantry/Infantryman Badge (CIB)
• Combat Medical Badge
• Distinguished Flying Cross
• Distinguished Service Cross
• Fleet Marine Force (FMF) Combat Operations Insignia
• Joint Service Commendation Medal with “V” Device
• Medal of Honor
• Navy Commendation Medal with “V” Device
• Navy Cross
• Parachutist Badge with Combat Jump Device
• Purple Heart, and/or
• Silver Star.

• M21-1, Part III, Subpart iv, 4.O.4.b, and
• VAOPGCPREC 12-1999.

IV.ii.1.D.3.g. Examples of Service in Areas of Hostile Military or Terrorist Activity

• Service along the Korean demilitarized zone (DMZ), which separates North Korea from South Korea, has been a location of hostile military activity since the Korean War armistice of 1953, whereas service on U.S. bases in the rest of South Korea generally has not been.
• Service aboard a ship in the offshore “blue waters” of Vietnam or service in Thailand for which the Veteran received the Vietnam Service Medal or Vietnam Campaign Medal is sufficient to establish service in a potentially hostile military environment.

IV.ii.1.D.3.h.  Establishing a Stressor Related to Combat

• determining combat service, see M21-1, Part III, Subpart iv, 4.O.4.b and c
• guidance not to exclude a claim for PTSD from the Fully Developed Claim program due to non-receipt of VA Form 21-0781 when a Veteran is in receipt of a recognized combat decoration, see M21-1, Part III, Subpart i, 3.B.2.a, and
• when to proceed with an examination in a PTSD claim, see M21-1, Part IV, Subpart ii, 1.D.6.a.

IV.ii.1.D.3.i.  Establishing a Stressor Related to Fear of Hostile Military or Terrorist Activity

• Service personnel records must be requested prior to or concurrently with any necessary examination being ordered so as to avoid unnecessary delays in claims processing.
• The receipt of military awards such as, but not limited to, the Vietnam Service or Campaign Medal, Kuwait Liberation Medal, Iraq Campaign Medal, and Afghanistan Campaign Medal is generally considered evidence of service in an area of potential hostile military or terrorist activity.
• The receipt of military awards such as the National Defense Service Medal, Armed Forces Service Medal, and Global War on Terrorism (GWOT) Service Medal generally does not indicate service in locations that involve exposure to hostile military or terrorist activity because these are general medals that do not denote service in a particular area or campaign.  If the Veteran served in an area of potential hostile military or terrorist activity, he/she likely would have received a more specific medal for such service.
• The GWOT Expeditionary Medal also does not necessarily indicate service in an area that would involve exposure to hostile military or terrorist activity.  Consider that award and the other evidence of record to determine if there was service in an area of potential hostile military or terrorist activity before scheduling an examination.
• The fear-based stressor criteria are not met based on
  • anticipation of future deployment to a location of hostile military or terrorist activity, or
  • learning of the death of another person, when such death occurred remote from the Veteran in a location of hostile military or terrorist activity.

• establishing a stressor related to the fear of hostile military or terrorist activity, see M21-1, Part III, Subpart iv, 4.O.4.d
• when to proceed with an examination in a PTSD claim, see M21-1, Part IV, Subpart ii, 1.D.6.a
• requesting service personnel records from NPRC in PTSD claims,see M21-1, Part IV, Subpart ii, 1.D.2.e, and
• obtaining service records, see M21-1, Part III, Subpart iii, 2.B.

IV.ii.1.D.3.j.  Establishing a Stressor Related to Drone Aircraft Crew Member Duties

• when to proceed with an examination in a PTSD claim, see M21-1, Part IV, Subpart ii, 1.D.6.a
• requesting service personnel records from NPRC in PTSD claims, seeM21-1, Part IV, Subpart ii, 1.D.2.e
• obtaining service records, see M21-1, Part III, Subpart iii, 2.B, and
• establishing SC for PTSD based on drone aircraft duties, see M21-1, Part III, Subpart iv, 4.O.4.e.

IV.ii.1.D.3.k.  
Use of APO Mailbox Information to Verify Republic of Vietnam Service

IV.ii.1.D.3.l.  Minimum Information Required to Research an In-Service Stressor

• a stressor that can be documented
• the location where the incident took place
• the approximate date (within a two-month period) of the incident
• the unit of assignment at the time the stressful event occurred, and
• if the stressor refers to a casualty, the full name and unit designation of the casualty.

• Specific details of claimed stressful events may also be gathered from such sources as VA or private medical treatment reports and examination reports.
• Claims processors may obtain the date and location of well-documented events, such as the Tet Offensive, from VBA-sanctioned websites (available through the PTSD Rating Job Aid website) and supply this information on the Veteran’s behalf.

References:  For more information on the

• types of stressors that may be impossible to corroborate, see M21-1, Part IV, Subpart ii, 1.D.3.m, and
• onset of PTSD in service due to a pre-service stressor, see M21-1, Part III, Subpart iv, 4.O.2.e.

IV.ii.1.D.3.m.  Stressors That Cannot Be Verified

• events that almost happened
• events involving civilians
• mistreatment of enemy prisoners
• sniper attacks
• events occurring while traveling/driving in a convoy, and
• duty as a door gunner.

• A Veteran claims that she drove over a land mine, but it didn’t explode.  This could never be verified through records research.
• A Veteran claims that the barber who cut his hair at the local barber shop was later found to be an enemy sniper.  JSRRC would be unable to verify this event involving a civilian.
• A Veteran claims he almost shot a child.  This is an event that almost happened and could not be verified by JSRRC.
• A Veteran claims that civilians were accidentally killed in combat.  This type of event is rarely documented in service records and, consequently, extremely difficult to verify.

IV.ii.1.D.3.n.  When to Refer a Claim to a JSRRC Coordinator

IV.ii.1.D.3.o.  Procedures for Routing a PTSD Claim for JSRRC Review 

• ensure all development is complete as directed in M21-1, Part IV, Subpart ii, 1.D.3.c
• establish a VBMS tracked item using the JSRRC COORDINATOR REVIEW option from the COMPMGT drop-down menu, and
• add the JSRRC Request special issue for routing the request to the JSRRC Coordinator.

• establishing tracked items and special issues in VBMS, see the
  • VBMS User Guide, and
  • M21-4, Appendix D, Section I.b, and
• National Work Queue (NWQ) procedures for routing the request to the JSRRC Coordinator, see the NWQ Playbook.

Introduction

• duties of the JSRRC Coordinator
• criteria for submission to JSRRC, MCASC, or NARA
• procedures for conducting JSRRC Coordinator review
• where to send a request for corroboration of an in-service stressor unrelated to personal trauma or MST
• format of requests for stressor corroboration to JSRRC
• information to include in requests for stressor corroboration to JSRRC
• refraining from submitting duplicate requests to JSRRC
• circumstances in which JSRRC requests may be expedited
• sending requests for research of Marine Corps unit records to NARA
• accessing Korean Conflict and Vietnam Era Marine Corps unit records
• information to include in record requests to MCASC related to a claimed in-service stressor
• sample e-mail to MCASC for a determination as to the availability of records required to corroborate a stressor
• where to send requests for Navy deck logs
• invalid or incomplete research requests to JSRRC, MCASC, or NARA, and
• handling requests for more information from JSRRC, MCASC, or NARA.

Change Date

IV.ii.1.D.4.a.Duties of the JSRRC Coordinator

• determines whether or not submission of a request to JSRRC, MCASC, or NARA for stressor verification is appropriate
• serves as the MCASC and NARA point of contact for issues related to records requests
• personally submits all of the RO’s requests for stressor corroboration
• notifies JSRRC, MCASC, or NARA when further action on a pending research request is no longer necessary, such as when evidence is received that verifies the claimed stressor or the claim is withdrawn altogether, and
• forwards inquiries from the RO regarding JSRRC-related issues to the Compensation Service JSRRC mailbox at VAVBAWAS/CO/JSRRC.

IV.ii.1.D.4.b. Criteria for Submission to JSRRC, MCASC, or NARA

• the required development is completed, but the claimed stressor cannot be conceded based on the stressor verification review procedures in M21-1, Part IV, Subpart ii, 1.D.3.c, and
• the claims folder contains minimum information needed to allow additional research as described in M21-1, Part IV, Subpart ii, 1.D.3.l.

• Do not schedule a VA examination before receiving corroboration of the claimed in-service stressor.
• A diagnosis of PTSD is not a prerequisite for initiating the stressor verification process.

IV.ii.1.D.4.c.  Procedures for Conducting JSRRC Coordinator Review 

• JSRRC Coordinator’s duties, see M21-1, Part IV, Subpart ii, 1.D.4.a, and
• general information required to submit requests for verification to JSRRC, MCASC, or NARA, see M21-1, Part IV, Subpart ii, 1.D.4.b.

IV.ii.1.D.4.d.  Where to Send a Request for Corroboration of an In-Service Stressor Unrelated to Personal Trauma or MST

IV.ii.1.D.4.e.  Format of Requests for Stressor Corroboration to JSRRC

• submitting requests through DPRIS, see M21-1, Part III, Subpart iii, 2.I.4, and
• how to contact NARA’s College Park location or to submit a JSRRC request, see M21-1, Part IV, Subpart ii, 1.D.4.d.

IV.ii.1.D.4.f.  Information to Include in Requests for Stressor Corroboration to JSRRC

• a point of contact
• adequate identifying information, to include the Veteran’s full name and Social Security number (SSN)
• a description of the claimed stressor(s).  List only one stressor in thePTSD Stressor block per 040, 041, and 042.  Do not submit requests with three or four stressors listed in the same block.
• the most specific date(s), at minimum the month and year, during which the stressful event occurred (JSRRC will research records dated 30 days before the date provided and 30 days after).
• the Veteran’s complete tour dates related to the unit of assignment when the incident occurred
• the designation of the Veteran’s unit of assignment at the time of the stressful event down to the lowest possible level, and
• the geographic location where the stressful event took place.  In the Unit Location block, provide more concise locations such as Fallujah, Iraq, instead of Iraq, or Seoul, Korea, instead of just Korea.

• the medals or citations received by the Veteran, and
• the names of other soldiers or sailors involved in the stressful incident.

• For Army requests, provide the full unit designation to the company level, such as HHC, 1^st Brigade, 2d Armored Division (instead of 2d Armored Division only), and Company C, 1^st Battalion, 14^th Infantry, 1^st Brigade Combat Team, 4^th Infantry Division.
• For Navy requests, provide the full unit designation and hull numbers for ships, such as USS Franklin D. Roosevelt (CVA-42) instead of USS Roosevelt only.
• For Air Force requests, at a minimum, provide squadron and group designations, such as 366^th Field Maintenance Squadron, 366^th Combat Support Group instead of 366^th Tactical Fighter Wing only.  Providing just the wing is insufficient because there are numerous units under a wing and various unit locations.

• The telephone number for VA’s Liaison Officer at JSRRC is (703) 428-6870.
• When inputting electronic research requests for JSRRC, if it is not possible to read the DA Form 20 or equivalent document listing to include unit of assignment, mail or fax the document to the VA Liaison Officer for assistance.

• personnel documents containing the Veteran’s unit(s) of assignment and service locations, see M21-1, Part IV, Subpart ii, 1.D.2.f, and
• submitting a JSRRC request, see
  • M21-1, Part IV, Subpart ii, 1.D.4.d, and
  • the JSSRC Stressor Verification Guide.

IV.ii.1.D.4.g.  Refraining From Submitting Duplicate Requests to JSRRC

IV.ii.1.D.4.h.  Circumstances in Which JSRRC Requests May Be Expedited

• terminal illness, or
• Congressional inquiry.

IV.ii.1.D.4.i.  Sending Requests for Research of Marine Corps Unit Records to NARA

IV.ii.1.D.4.j.  Accessing Korean Conflict and Vietnam Era Marine Corps Unit Records

IV.ii.1.D.4.k.  Information to Include in Record Requests to MCASC Related to a Claimed In-Service Stressor

• the Veteran’s last name
• designation of the Veteran’s unit of assignment at the time of the stressful event down to the lowest possible level
• the most specific date(s), at minimum the month and year, during which the stressful event occurred
• geographical location where the stressful event took place
• description of the stressful event, and
• the name and e-mail address of the VA point of contact

• Do not include in the request any medical information or statement(s) from the Veteran.
• MCASC only researches unit command chronology.  Therefore, personal identification information, such as SSN, service number, date of birth, and dates of service, should not be included in the request.
• Submit a request to MCASC only after exhausting all efforts to document the claimed stressor(s) through other means, on the Stressor Verification page and/or official military websites.
• Include a copy of the e-mail request in the Veteran’s claims folder.

• MCASC’s e-mail address, see M21-1, Part IV, Subpart ii, 1.D.4.d, and
• a sample of an e-mail request to MCASC for stressor verification, seeM21-1, Part IV, Subpart ii, 1.D.4.l.

IV.ii.1.D.4.l.
E-mail to MCASC for a Determination as to the Availability of Records Required to Corroborate a Stressor

• Smith
• 3d Battalion, 12^th Marines, Bravo Company, Unit XYZ, Camp Foster, Okinawa, Japan
• January 2009
• Northern Training Area, Okinawa, Japan
• Collision of two helicopters that killed 10 people during a training exercise in the Northern Training Area of Okinawa.
• John Doe, Veterans Service Representative
• E-mail address: John.Doe@va.gov.

IV.ii.1.D.4.m.  Where to Send Requests for Navy Deck Logs

IV.ii.1.D.4.n.  Invalid or Incomplete Research Requests to JSRRC, MCASC, or NARA

IV.ii.1.D.4.o.  Handling Requests for More Information From JSRRC, MCASC, or NARA

• The JSRRC Coordinator may contact the Veteran by telephone to obtain the additional information needed to document the in-service stressor.  The substance of the telephone call must be documented on a VA Form 27-0820, Report of General Information.
• Failure by the Veteran to respond substantively to the request for information is grounds for denial of the claim based on the absence of a verifiable stressor.

Reference:  For more information on stressor corroboration and the additional evidence that may be required to conduct research, see the JSRRC Stressor Verification Guide.

Introduction

• general information on personal trauma
• developing claims of SC based on in-service personal trauma
• assigning claim attributes to personal trauma claims
• procedure for reviewing for credible evidence of a personal trauma stressor
• DoD’s reporting procedures following MST incidents
• MST Outreach Coordinator actions
• subsequent development letter for a restricted MST report
• developing to DoD in claims based on MST
• required information in MST claims development letters
• obtaining police reports in claims based on personal trauma
• personal trauma or MST stressors and JSRRC, and
• MST claim processing requirements.

Change Date

IV.ii.1.D.5.a.  General Information on Personal Trauma

• M21-1, Part III, Subpart iv, 4.O.3
• the PTSD Personal Assault Information site on the Compensation Service Intranet, and
• 38 CFR 3.304(f)(5).

IV.ii.1.D.5.b.  Developing Claims of SC Based on In-Service Personal Trauma

• applying the benefit-of-the-doubt rule, see
  • M21-1, Part III, Subpart iv, 2.B.4.g, and
  • M21-1, Part III, Subpart iv, 5.A.1.j
• negative evidence, see
  • Forshey v. Principi, 284 F.3d 1335 (Fed. Cir. 2002) (en banc), and
  • Maxson v. Gober, 230 F.3d 1330 (Fed. Cir. 2000), and
• absence of military documentation of a sexual assault, see
  • M21-1, Part III, Subpart iv, 4.O.3.c, and
  • AZ, AY v. Shinseki, 731 F.3d 1303 (Fed. Cir. 2013).

IV.ii.1.D.5.c.  Assigning Claim Attributes to Personal Trauma Claims

IV.ii.1.D.5.d. Procedure for Reviewing For Credible Evidence of a Personal Trauma Stressor

• make all required efforts to obtain evidence of personal trauma, and
• consider all available evidence bearing on the question of whether the trauma occurred.

IV.ii.1.D.5.e.  DoD’s Reporting Procedures Following MST Incidents

IV.ii.1.D.5.f.  MST Outreach Coordinator Actions

IV.ii.1.D.5.g.  Subsequent Development Letter for a Restricted MST Report

IV.ii.1.D.5.h.  Developing to DoD in Claims Based on MST

• when the Veteran indicates the MST report was unrestricted, or
• upon receipt of VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs (VA).

IV.ii.1.D.5.i.  Required Information in MST Claims Development Letters

IV.ii.1.D.5.j.  Obtaining Police Reports in Claims Based on Personal Trauma

• military police
• shore patrol
• a provost marshal’s office, or
• other military or civilian law enforcement offices.

IV.ii.1.D.5.k.Personal Trauma or MST Stressors and JSRRC

• when to refer a claim to a JSRRC Coordinator, see M21-1, Part IV, Subpart ii, 1.D.3.n, and
• the nature of research conducted by JSRRC, see the JSRRC Stressor Verification Guide.

• completed the required MST Training Performance Support System module(s), and
• been designated by an RO as an MST claims processor.

• MST Outreach Coordinator Checklist
• Personal Trauma Development Checklist, and
• Personal Trauma Incident/Marker Worksheet.

IV.ii.1.D.6.a.  When to Proceed With an Examination in a PTSD Claim

• there is credible supporting evidence that the claimed stressor occurred
• evidence (to include lay statements) indicates the Veteran currently suffers from symptoms consistent with a diagnosis of PTSD, and
• medical evidence adequate for rating purposes is not already of record.

• Do not request an examination until development for credible supporting evidence of the claimed stressor is complete as outlined in either M21-1, Part IV, Subpart ii, 1.D.3 and 4, or 5.
• Forward the claims folder to the examining facility and request its review as part of the examination process any time the issue is SC for PTSD.
• In PTSD claims alleging personal trauma based on MST, a VA examination should be scheduled and a medical opinion requested when there is evidence of a “marker” found in the records.

• requesting examinations, see M21-1, Part III, Subpart iv, 3.A, and
• assisting with medical evidence requests, see M21-1, Part I, 1.C.

IV.ii.1.D.6.b.  Requesting Initial PTSD Examinations Other Than Personal Trauma

• M21-1, Part III, Subpart iv, 4.O.4, and
• M21-1, Part IV, Subpart ii, 1.D.1 and 3.

IV.ii.1.D.6.c. Requesting Examinations for PTSD Claims Based on Personal Trauma

• a current medical diagnosis of PTSD or the Veteran’s lay statements describing PTSD symptoms
• credible supporting evidence of the personal trauma incident or evidence of a marker in the in-service or post-service records
• indication that the PTSD symptoms may be associated with the claimed MST stressor (established by applying a low threshold and liberal approach satisfied by virtue of a current diagnosis or symptoms and the presence of a marker), and
• medical evidence adequate for rating purposes is not already of record.

• requesting examinations, see M21-1, Part III, Subpart iv, 3.A
• evidence that may constitute markers of trauma, see M21-1, Part III, Subpart iv, 4.O.3.d, and
• medical opinions to interpret evidence of behavioral changes, see
  • M21-1, Part III, Subpart iv, 4.O.3.e, and
  • Patton v. West, 12. Vet.App. 272 (1999).