Veterans Law Library
A Comprehensive Collection of
Materials Relating to the Veterans
Benefits Adjudication Process
Selected Materials on PTSD Claims
Overview
Statutory Law
Regulations
A claim for compensation for post-traumatic stress disorder (PTSD) has some
unique requirements.  PTSD is not presumed to be related to service.  Therefore,
more than a diagnosis is required to obtain benefits.  The diagnosis of PTSD must be
based upon one or more specific stressful events in service (commonly referred to
as a "stressor"), and there must be corroborating evidence that the stressful event
occurred.  If the stressor were an event that occurred in combat, then the veteran
need only prove that he or she participated in combat.  If the stressor were not
combat related, then more specific proof of the stressful event is required.  
However, the evidence does not have to be eye-witness proof of the event.  For
example, evidence of a substantial change in the behavior of the veteran shortly after
the stressor occurred can be used to substantiate the claim.
There is no specific law creating benefits for PTSD.  However, one statutory
provision that is often relevant to PTSD claims is 38 U.S.C. § 1154 [available here].  
That statute provides, in essence, that a veteran who engaged in combat does not
need evidence that a specific injury or disease was incurred in combat to support a
claim for benefits.

There have been recent legislative proposals to make this provision more generous to
claimants.  Recent legislative hearings include:

  • H. Hrg. 111-13 – Legislative Hearing on H.R. 952, the "Compensation Owed
    for Mental Health Based on Activities in Theater Post-Traumatic Stress
    Disorder Act," Apr. 23, 2009 [link to House page for hearing] [download .pdf]


  • S. Hrg. 110-638 – Review of Veterans' Disability Compensation:  Expert
    Work on PTSD and Other Issues, Feb. 27, 2008 [download .pdf]
VA has a number of regulations relevant to PTSD claims:

  • 38 C.F.R. § 3.304(f) sets forth the specific requirements for granting
    benefits for PTSD, including special provisions for stressors related to (1)
    combat, (2) prisoner of war status, and (3) in service personal assault
    [available here]

  • 38 C.F.R. § 4.125(a) requires a diagnosis that conforms to the requirements
    of the American Psychiatric Association's Diagnostic and Statistical Manual
    of Mental Disorders IV (DSM-IV [available here]

  • 38 C.F.R. § 4.129 is a special provision relating to veterans who were
    released from service because of a mental disorder that manifested after a
    highly stressful event in service [available here]

  • 38 C.F.R. § 4.130 defines how much compensation will be paid for any
    mental condition, including PTSD, based upon the symptoms the veteran
    experiences [available here]
Selected Cases
A few cases relating to PTSD claims are:

    Federal Circuit:

  • Nat'l Org. of Vet. Advocs. v. Sec'y Veterans Affairs, 330 F.3d 1345
    (Fed. Cir. 2003) (upholding the validity of 38 C.F.R. § 3.304(f))

    CAVC:

  • Clemons v. Shinseki, 23 Vet. App. 1 (2009) (discussing the
    relationship between PTSD and other mental disorder claims)
    [download .pdf]

  • Gallegos v. Peake, 22 Vet. App. 329 (2008) (discussing special notice
    provisions relating to PTSD claims based upon an in-service personal
    assault) [download .pdf]

  • Sizemore v. Principi, 18 Vet. App. 264 (2004) (comprehensively
    setting forth the elements of a claim for compensation for PTSD)
    [download .pdf]

  • Pentecost v. Principi, 16 Vet. App. 124 (2002) (discussing what
    constitutes combat) [download .pdf]

  • Suazzi v. Brown, 10 Vet. App. 307 (1997) (stating that a stressor need
    not be corroborated in every detail)

  • Cohen v. Brown, 10 Vet. App. 128 (1997) (discussing the differences
    between the DSM-III and the DSM-IV as they relate to a PTSD claim)
Federal Register Notices
When VA proposes or finalizes a regulation relating to PTSD or when it withdraws
such a proposed regulation, it publishes a public notice in the Federal Register (which
all government agencies use to announce proposed and final rule changes).

    Recent Rule Change:

  • Stressor Determinations for Posttraumatic Stress Disorder, 75 Fed.
    Reg. 39843 (Jul. 13, 2010) [download .pdf]
Law Review Articles
  • Jennifer C. Schingle, A Disparate Impact on Female Veterans:  The
    Unintended Consequences of Veterans Regulations Governing the Burdens of
    Proof for Post-Traumatic Stress Disorder Due to Combat and Military Sexual
    Trauma, 16 Wm. & Mary J. Women & L. 155 (2009)

  • Kristi A. Estrada, Note, Welcome Home:  Our Nation's Shameful History of
    Caring for Combat Veterans and How Expanding Presumptions For Service
    Connection Can Help, 26 T.M. Cooley L. Rev. 113 (2009) [download Word
    copy here]

  • Shera Finn, Thomas Jones, & Barbara C. Morton, VA’s Duty to Assist in the
    Context of PTSD Stressor Verification:  What Must VA Do to Fulfill the
    Veterans Claims Assistance Act of 2000?, 1 Veterans L. Rev. 50 (2009)
    [available here]

  • Scott Simonson, Note, Back from War — A Battle for Benefits:  Reforming
    VA’s Disability Rating System for Veterans with Post-Traumatic Stress
    Disorder, 50 Ariz. L. Rev. 1177 (2008)
“The willingness
with which our
young people are
likely to serve in
any war, no matter
how justified, shall
be directly
proportional as to
how they perceive
veterans of earlier
wars were treated
and appreciated by
this country.”

George Washington
Books
  • Barry R. Schaller, Veterans on Trial:  The Coming Court Battles over PTSD
    (2012)