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Develop The Evidence The VA regulation that governs the adjudication of PTSD claims is title 38, Code of Federal Regulations, section 3.304(f) (formally cited as 38 C.F.R. § 3.304(f)). Essentially, the regulation provides that service connection for PTSD requires medical evidence of a current, clear diagnosis of PTSD, a link between current PTSD symptoms and an in-service stressor that is established by medical evidence, and credible supporting evidence that the claimed stressor actually occurred. If the evidence establishes that the veteran engaged in combat and the claimed stressor is related to combat, the veteran’s lay testimony alone can establish that the claimed stressor occurred. The same applies to stressors related to captivity where the evidence demonstrates that the veteran was a prisoner-of-war. If the claimed stressor is not related to combat, the veteran must prove its existence with evidence, such as service medical or personnel records, unit records, morning reports, or buddy statements. Where the claimed stressor is a personal or sexual assault, evidence from sources other than the veteran’s service record may be used to corroborate the veteran’s account. Such sources include records of law enforcement authorities, rape crisis or mental health counseling centers, physician or hospital records, tests for pregnancy or sexually transmitted diseases, statements from family, friends or fellow service personnel, evidence of changes in behavior or performance, and requests for transfers. _________________________________________________________ Copyright © 2004, Vietnam
Veterans of America, Inc. All Rights Reserved. ISBN 0-964-3980-4-4.
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