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This is in response to the appeal you filed requesting information under the Freedom of
Information Act (FOIA), 5 U.S.c. 552.
In your clarified request you asked for records that are relevant to the extent to which the
Department of Veterans' Affairs (VA) instructs or encourages doctors and other health
professionals involved in evaluating, assisting or reviewing claims of veterans seeking
compensation from VA to refrain from making or supporting a diagnosis of post
traumatic stress disorder (PTSD).
WHAT WE PROVIDED
Anne L. Weismann
Please direct any questions you might have to General Counsel, Department of Veterans
Affairs, 810 Vermont Avenue, N.W., Washington DC 20420.
Sincerely,
Enclosures
cc: 20M35
DEPARTMENT OF VETERANS AFFAIRS
SUBJECT: Revised Initial Post Traumatic Stress Disorder and Review Post
Traumatic Stress Disorder Disability Examination Worksheets
3. If you have any questions about this letter or enclosure, please contact
Vicki Milton, M.D., at (202) 273-9646 or bye-mail.
lSI
Bradley G. Mayes, Director
Compensation & Pension Service
DEPARTMENT OF VETERANS AFFAIRS
April 7, 2008
Director (00/21)
The Department of Defense does not maintain in-service mental health treatment records
with traditional service treatment records (STRs). The military or civilian treating
facility maintains those mental health records. The records are typically destroyed after
five years from the end of the year in which the case is closed (see M21-1MR,
III.iii.2.A.l.a). Unlike clinical records from military hospitals, civilian facility records
cannot be ordered from the National Personnel Records Center (NPRC) through the
Personnel Information Exchange System (PIES).
If a review of the claims folder indicates that the veteran underwent in-service mental
health treatment at a civilian mental health facility, request the veteran complete a VA
Form 21-4142, Authorization and Consent to Release Information. Upon receipt of a
completed VA Form 21-4142, develop for those records. Cease development if a
response indicates that the records have been destroyed. If a response is received
indicating that the records were transferred to another location, develop for these records
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Director (00/21)
from the location identified. Continue development until receiving the records or a
negative response. If the records are not available, prepare a formal finding of record
unavailability (see M21-1MR, III.iii.2.I.59).
Military and civilian health care providers have a heightened awareness of the symptoms
of PTSD and responsiveness to service personnel participating in the Global War on
Terror (GWOT). As a result, health professionals are diagnosing and treating PTSD with
greater frequency. The initial diagnosis ofPTSD generally occurs after service, in which
case service connection for this disability is considered under the provision of 38 CFR
3.304(f). This provision requires "credible supporting evidence that the claimed in
service stressor occurred." Nevertheless, 38 CFR 3.303(a) contains provisions for
establishing service connection for a disability or disease incurred in service. This
incurrence "may be accomplished by affirmatively showing inception or aggravation
during service." Therefore, when there is a prima facie diagnosis ofPTSD by a mental
health professional in service, verification of the stressor, whether in-service or pre
service, is not required. (See Fast Letter 99-85, Service Connection for Post Traumatic
Stress Disorder (PTSD) Diagnosed In-Service, August 26, 1999, for a discussion of pre
service stressors.) With an in-service initial diagnosis ofPTSD, accept any reasonable
in-service stressor as long as it appears consistent with the circumstances of that veteran's
particular service. If the VA examination and other evidence of record supports the
decision, grant service connection on a direct basis in accordance with 38 CFR 3.303(a).
Regional office decision makers must pay special attention to 38 CFR 4.129, Mental
Disorders Due to Traumatic Stress, because of the exposure of many service persons to
highly stressful events, particularly while serving in Iraq and Afghanistan. 38 CFR 4.129
states that an immediate evaluation of not less than 50 percent shall be assigned to a
veteran who, because of a highly stressful event in service, develops a mental disorder
that results in release from service. Generally, these veterans have been determined as
unfit for duty based on their mental disorder by the Medical Evaluation BoardfPhysical
Evaluation Board (MEB/PEB) process. In addition, 38 CFR 4.129 states that VA will
schedule a medical examination within six months of discharge to determine if a change
in this evaluation is warranted.
Maintain the initial evaluation until evidence from the examination provides the basis for
reconsideration. [f evidence from the medical examination warrants an increased
evaluation, the effective date will be the date of the examination that supports the
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increase. An earlier effective date may be established based on additional evidence that
factually ascertains an increase in disability, per 38 CFR 30400(0)(2). If a reduction in
evaluation is warranted based on the results of a medical examination, follow the due
process procedures outlined in 38 CFR 3.105(e). However, a reduction in evaluation may
be given without due process provided the veteran's overall or combined evaluation is
not changed (see Stelzel v. Mansfield, November 15,2007).
Once a veteran has identified a combat stressor in claims for PTSD diagnosed after
separation from military service, it is the responsibility of the decision maker to
determine whether the veteran participated in combat or ifthere is sufficient credible
supporting evidence to establish that the stressor occurred. In the absence of one of the
decorations identified in M21-1MR, III.ivo4.H.29.c, the decision maker can still
determine that the veteran participated in combat if the evidence supports that
determination (see VAOPGCPREC 12-99). Ifit is determined that the veteran was
engaged in combat, the veteran's testimony is usually sufficient to establish that the in
service stressor occurred (see 38 V.S.c. 1154(b) and 38 CFR 3.304(f)(1)). Corroboration
of the claimed stressor is not necessary when credible supporting evidence shows combat
participation and the stressor is based on combat.
When combat participation cannot be confirmed, or when the claimed stressor is not
related to combat, request credible supporting evidence. The claimed stressors may not
be limited to one episode. A group of experiences may also affect an individual and lead
to the development ofPTSD (see M21-1MR, III.ivo4.H.32.a). It is important to
remember that the s.ufficiency ofthe stressor(s) to cause PTSD is a medical and not a
rating determination (see Cohen v. Brown 94-661).
For veterans discharged within the last five years, develop for the unit history from the
veteran's former unit when we have received an adequate response to the PTSD
development questionnaire (VA Form 21-0781, Statement in Support ofClaim for Service
Connection for Post- Traumatic Stress Disorder) and there is insufficient credible
supporting evidence to concede that the claimed stressor(s) occurred. If necessary,
contact the veteran for the unit's address.
If the veteran was discharged more than five years ago and a complete unit of assignment
during the stressful event is available, corroborate the stressor using the C&P Service
Intranet Stressor Verification site, official military websites, or other government
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Director (00/21)
websites. After exhausting all other resources, send a request to the Joint Services
Records Research Center (JSRRC). Until we update Modem Awards Processing
Development (MAP-D), please use the enclosed suggested text to solicit information
from the veteran's unit. You may use the third party letter in MAP-D titled "Request
report of accident investigation" in the interim, and paste the attached language to the
body of the letter in order to establish a tracked item.
If the veteran fails to respond to any initial or follow-up request for stressor information
or submits information that is still insufficient, refer the case to the JSRRC Coordinator.
The JSRRC Coordinator will make a formal finding regarding the lack of sufficient
information in the claims folder to document the occurrence of, and the veteran's
involvement in, the stressful event(s). The JSRRC Coordinator must review the claims
folder to confirm the veteran was properly notified of the information required to
document the stressor(s), and that all relevant evidence, to include service records, have
been considered in an attempt to confirm the occurrence of the stressful event(s) (see
M2l-1MR, Part IV, ii.1.D.16.a). The formal finding should be on a separate page, filed
in the claims folder, and include all the requirements listed in M2l-lMR, Part IV,
ii.1.D.16.b.
The revised Initial PTSD Examination worksheet does not require the examiner to
describe specific details of the stressor for VA to confirm that it occurred. However, the
examiner must still opine whether the current symptoms are linked to the identified
stressor or stressors (see FL 07-08, Revised Initial Post Traumatic Stress
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Director (00/21)
The information contained in this Fast Letter rescinds Training Letter (TL) 01-01, J 0
Important rating points about PTSD, dated January 8, 2001. A 100-percent schedular
evaluation must be fully supported by current evidence showing the veteran has total
occupational and social impairment solely due to the service-connected PTSD. If the
veteran does not meet this criterion, but claims to be unable to work due to the effects of
service-connected PTSD, assign the appropriate schedular evaluation for PTSD and
consider possible entitlement to ill.
Questions
/s/
Bradley G. Mayes,
Director
Compensation and Pension Service
Dear SirlMadam:
This is a request for research of records in your possession with the purpose of verifying
a stressful event claimed by a veteran who previously served in your unit. This veteran is
seeking benefits from the Department of Veterans Affairs (VA), and we need your
assistance to support his/her claim.
The veteran's name and information pertaining to the claimed stressful event(s) is shown
below.
Name of Claimant:
Claimed Stressor(s):
Please provide any information (e.g.; photocopies of pages from relevant unit histories,
documents showing veteran's location at the time an incident occurred, etc.) that pertains
to the claimed stressor(s). We would appreciate a response within 60 days. Ifno
information is found, please provide a negative response.
This letter is being sent in duplicate so that you may retain a copy. Attach one copy of
our letter to your reply so we may associate it with the proper claim. Please return your
information to the address shown at the top of this letter. A self-addressed envelope is
enclosed [or your convenience.
SUBJ: Revised Mental Disorders, Eating Disorders, Initial PTSD, and Review PTSD
worksheets
1. Enclosed are copies of the revised Mental Disorders, Eating Disorders, Initial PTSD, and
Review PTSD disability examination worksheets. They are effective immediately. The
revised worksheets have been sent for programming into the VHA computer system, and
we will inform you when a new patch has been developed and released to VA medical
facilities. Until then, you should send a copy of the worksheet by fax or e-mail to the
medical facility when requesting one of these examinations.
3. If you have any questions about this fast letter, please contact the person named on the
Calendar page for this date at http://vbaw.vba.va.govlbl/21/calendar/index.htm.
lSI
Ronald J. Henke, Director
Compensation and Pension Service
Enclosure
Compensation and Pension Examination
Name: SSN:
Place of Exam: _
A. Identifying Information
- age
- ethnic background
- era of military service
- reason for referral (original exam to establish PTSD diagnosis and
related psychosocial impairment; re-evaluation of status of existing
service-connected PTSD condition)
B. Sources ofInformation
pursuits).
Military History
In war zone
In war zone
exposure
checklist)
if completed)
children)
medications)
hospitalizations
conditions treated)
* history of assaultiveness
* history of suicide attempts
* summary statement of current psychosocial functional status (performance
in employment or schooling, routine responsibilities of self care,
family role functioning, physical health, social/interpersonal
relationships, recreation/leisure pursuits)
with examples.
of daily living.
* Rate and flow of speech and note any irrelevant, illogical, or obscure
- somatoform disorder
Specify onset and duration of symptoms as acute, chronic, or with delayed onset.
F. Assessment of PTSD
* state whether or not the veteran meets the DSM-IV stressor criterion
* identify behavioral, cognitive, social, affective, or somatic change
on a BVA Remand.
Mississippi Scale - not less than 107; MMPI PTSD subscale a score
H. Diagnosis:
1. Diagnostic Status
Axis I disorders
Axis II disorders
include the GAF score and note whether it refers to current functioning.
that a separate GAF score be provided for each mental disorder present when
there are multiple Axis I or Axis II diagnoses and not all are service
as to why not is needed. (See the above note pertaining to alcohol or drug
abuse.)
Mental competency, for VA benefits purposes, refers only to the ability of the veteran to manage VA
benefit payments in his or her own best interest, and not to any other subject. Mental incompetency, for
VA benefits purposes, means that the veteran, because of injury or disease, is not capable of managing
benefit payments in his or her best interest. In order to assist raters in making a legal detennination as to
competency, please address the following:
What is the impact of injury or disease on the veteran's ability to manage his or her financial
affairs, including consideration of such things as knowing the amount of his or her VA benefit
payment, knowing the amounts and types of bills owed monthly, and handling the payment
prudently? Does the veteran handle the money and pay the bills himself or herself?
Based on your examination, do you believe that the veteran is capable of managing his or her
financial affairs? Please provide examples to support your conclusion.
If you believe a Social Work Service assessment is needed before you can give your opinion on
the veteran's ability to manage his or her financial affairs, please explain why.
L. Other Opinion:
board or BVA remand (furnish the complete rationale and citation of medical
on exam or testing please state WHY. If the requested opinion can not be
say so, and explain why. If the opinion asks" ... is it at least as likely
as not..", fully explain the clinical findings and rationale for the opinion.
not possible, explain why (e.g., substance use had onset after PTSD
to trauma exposure.
Signature: Date:
Compensation and Pension Examination
Name: SSN:
Place of Exam:
---------
experienced.
at this job.
medications)
9. history of violence/assaultiveness
10. history of suicide attempts
11. summary statement of current psychosocial functional status (performance
mental disorders. Describe and fully explain the existence, frequency and
extent of the following signs and symptoms, or any others present, and
with examples.
10. Panic attacks noting the severity, duration, frequency, and effect on
independent functioning and whether clinically observed or good evidence
of prior clinical or equivalent observation is shown.
11. Depression, depressed mood or anxiety.
12. Impaired impulse control and its effect on motivation or mood.
13. Sleep impairment and describe extent it interferes with daytime activities
14. Other disorders or symptoms and the extent they interfere with activities,
particularly:
d. somatoform disorders
e. personality disorders (especially antisocial personality disorder
E. Assessment of PTSD
1. state whether or not the veteran meets the DSM-IV stressor criterion
2. identify behavioral, cognitive, social, affective, or somatic symptoms
veteran attributes to PTSD
3. describe specific PTSD symptoms present (symptoms of trauma
re-experiencing, avoidance/numbing, heightened physiological arousal,
and associated features [e.g., disillusionment and demoralization])
4. specify typical frequency, and severity of symptoms
G. Diagnosis:
H. Diagnostic Status
Axis I disorders
Axis II disorders
include the GAF score and note whether it refers to current functioning.
that a separate GAF score be provided for each mental disorder present when
there are multiple Axis I or Axis II diagnoses and not all are service
as to why not is needed. (See the above note pertaining to alcohol or drug
abuse.)
Mental competency, for VA benefits purposes, refers only to the ability of the veteran to manage VA
benefit payments in his or her own best interest, and not to any other subject. Mental incompetency, for
VA benefits purposes, means that the veteran, because of injury or disease, is not capable of managing
benefit payments in his or her best interest. In order to assist raters in making a legal determination as to
competency, please address the following:
What is the impact of injury or disease on the veteran's ability to manage his or her financial
affairs, including consideration of such things as knowing the amount of his or her VA benefit
payment, knowing the amounts and types of bills owed monthly, and handling the payment
prudently? Does the veteran handle the money and pay the bills himself or herself?
Based on your examination, do you believe that the veteran is capable of managing his or her
financial affairs? Please provide examples to support your conclusion.
If you believe a Social Work Service assessment is needed before you can give your opinion on
the veteran's ability to manage his or her financial affairs, please explain why.
K. Other Opinion:
board or BVA remand (i.e., furnish the complete rationale and citation of
on exam or testing please state WHY. If the requested opinion can not be
say so, and explain why. If the opinion asks" .,. is it at least as likely
as not..", fully explain the clinical findings and rationale for the opinion.
about the effects of PTSD and its symptoms on employment are especially
important.
Signature: Date:
Compensation and Pension Examination
Name: SSN:
Place of Exam:
3. Subjective Complaints:
a. Describe fully.
activities.
activities.
D. Diagnostic Tests:
Mental competency, for VA benefits purposes, refers only to the ability of the veteran to manage VA
benefit payments in his or her own best interest, and not to any other subject. Mental incompetency, for
VA benefits purposes, means that the veteran, because of injury or disease, is not capable of managing
benefit payments in his or her best interest. In order to assist raters in making a legal determination as to
competency, please address the following:
What is the impact of injury or disease on the veteran's ability to manage his or her financial
affairs, including consideration of such things as knowing the amount of his or her VA benefit
payment, knowing the amounts and types of bills owed monthly, and handling the payment
prudently? Does the veteran handle the money and pay the bills himself or herself?
Based on your examination, do you believe that the veteran is capable of managing his or her
financial affairs? Please provide examples to support your conclusion.
If you believe a Social Work Service assessment is needed before you can give your opinion on
the veteran's ability to manage his or her financial affairs, please explain why.
assumptions say so, and explain why. If the opinion asks ".. .is it
E. Diagnosis:
Provide:
Signature: Date:
Compensation and Pension Examination
Name: SSN:
Place of Exam
2. Present Medical, Occupational and Social History - over the past one year.
a. History of onset of eating disorder.
b. Its course, treatment, and current status to include symptoms.
c. Extent of time lost from work over the past 12 month period and social
impairment. If employed, identify current occupation and length of time at this
job.
3. Subjective Complaints:
a. Describe fully.
3. Additionally, to allow evaluation by the rating specialist, describe and fully explain the
existence, frequency, and extent of the following signs and symptoms and relate how
they interfere with employment:
a. Binge eating.
b. Self-induced vomiting or other measure to prevent weight gain when weight is
already below expected minimum normal weight.
Based on your examination, do you believe that the veteran is capable of managing his
or her financial affairs? Please provide examples to support your conclusion.
If you believe a Social Work Service assessment is needed before you can give your
opinion on the veteran's ability to manage his or her financial affairs, please explain
why.
2. Include results of all diagnostic and clinical tests conducted in the examination report.
E. Diagnosis:
Signature: Date:
January 16, 2001
1. A letter on this subject (96-95) was published on September 26, 1996. This
letter explained that a causative relationship between PTSD or other long
term stress, such as the POW experience, and subsequently developing
cardiovascular disease has not been established. More recent medical
literature on this subject, for example, "Physician-Diagnosed Medical
Disorders in Relation to PTSD Symptoms in Older Military Veterans,"
published in January 2000 (P. P. Schnurr, A. Spiro, III, and A. H. Paris,
Health Psychology, 19 (1), 91-97), continues to state that it is premature to
draw firm conclusions about the relationship of combat and PTSD to
cardiovascular and other disorders. Two VA studies now in progress may
shed further light on the subject of a possible relationship.
3. In the case of a claim for coronary artery disease (CAD) due to PTSD, for
example, the examiner would, at a minimum, have to discuss known risk
factors for CAD, what role they play in this particular veteran, and explain why
he or she considers PTSD to be at least as likely as not the cause of the CAD
in this veteran. A similar discussion would be needed if the claimed condition
is hypertension or a stroke.
4. In some cases you may wish to request an additional medical opinion, either
by a mental health professional or a cardiologist, or both, and in questionable
cases, you may want to request an opinion from the Advisory Review staff
(211 B). Whatever your decision, you must provide adequate reasons and
Relationship of PTSD or stress to cardiovascular disorders bases to support
it.
5. If you have questions about this letter, please contact the person shown on
the website at: http://vbaw.vba.va.gov/bI/21/calendar/index.htm.
lsi
Robert J. Epley, Director
Compensation and Pension Service
DEPARTMENT OF VETERANS AFFAIRS
Washington DC 20420
June 7, 2005
In Reply Refer To: 213B
Director (00/21) Fast Letter 05-08
All VBA Regional Offices and Centers
SUBJ: Handling PTSD claims based on stressors experienced during service in the
Marine Corps.
Background Information
Approximately three years ago, the Marine Corps Historical Center (MCHC)
digitized all unit records in its custody covering the Korean and Vietnam wars and
copied them to compact discs (CD). The Compensation and Pension Service
(C&P) collaborated to extract and upload the digitized unit records covering the
Vietnam Era to Virtual VA where they became available in December 2004.
C&P Service recognizes the MCHC as the ultimate authority with regard to the
content and organization of Marine Corps unit records. C&P Service submitted a
formal request to MCHC management asking for its assistance in resolving this
matter. They have agreed that if regional offices are unable to verify a claimed
stressor following a meaningful search of the records available through Virtual
VA, MCHC will either identify the appropriate record(s) for the regional office or
provide the required authoritative confirmation that the alleged stressor(s) cannot
be verified using records in its custody.
Regional offices must follow the instructions below when submitting a request to
MCHC for a determination as to whether or not it possesses records required to
verify an alleged stressor:
Washington, DC 20374-5040
Quantico, VA 22134-5107
5. Per M21-1, Pt. 111,4.27, allow 60 days for a response before submitting a
follow-up request.
2
A sample memorandum to MCHC for a determination as to the availability of
records required to verify a claimed stressor is attached.
Regional offices will reduce delays inherent in processing claims for service
connection for PTSD filed by Marine Corps veterans by following this guidance:
• Send a request to MCHC only after exhausting all efforts to verify the
alleged stressor(s) through other means, to include Virtual VA and official
military web sites.
• CURR requires a minimum amount of information before it will attempt to
verify in-service stressors. Regional offices must take the same approach
when handling claims that may require research of Marine Corps unit
records. Before expending time and resources to conduct research, the
veteran is expected to submit, at a minimum,
• the name of the unit in which he/she served when the stressful
event occurred;
• the location where the stressful event occurred; and
• the date (month and year) the stressful event occurred (not to
exceed a 60-day period of time).
• Only assigned military records specialists should release requests to this
facility.
• M21-1, Pt. III, 5.14c(5) describes the action to take when a veteran fails to
provide the minimum information CURR requires to conduct research.
Regional offices should follow the same procedure when a Marine Corps
veteran seeking service connection for PTSD fails to provide the minimum
information described above.
Points of Contact
If you have any questions concerning information in this letter, please see either
the Calendar Page for this date, on our Intranet Site at:
http://152.125.216.223/bI/21/calendar/cal week.asp
Or the Fast Letter 2005 page at:
http://vbaw.vba.va.gov/bl/21/publicat/Letters/FL05List.htm
lSI
Dear Sir/Madam:
This is a request for research of records in your possession for the purpose of verifying an in-
service stressor claimed by a veteran seeking service connection for post-traumatic stress
disorder. The alleged stressor occurred in <name ofcountry>. I have already reviewed the
following unit records that MCHC provided to VA on compact disc: <List the unit records
reviewed through Virtual VA. if applicable. >
Sincerely yours,