Post-Traumatic Stress Disorder (“PTSD”)

PTSD is probably the most common psychiatric disorder associated with military conflict. Yet, it can be the most difficult to prove. There are three elements to a PTSD claim. First, the claimant must have a present diagnosis of PTSD made by a psychiatrist, psychologist, licensed social worker or other mental health care practitioner.

Second, the veteran’s PTSD must have been caused by an in-service stressor(s). Very generally, a stressor is some traumatic event or incident likely to cause mental disorder. Examples of stressors are engaging in combat or a combat-related incident or witnessing fatal or near-fatal accidents. The evidence necessary to prove an in-service stressor depends upon whether the veteran engaged in combat or not. If the claimant can establish that he or she engaged in combat, then generally the veteran’s statement about the occurrence of the stressor will be accepted as sufficient proof. But, if the claimant is not a combat veteran, he or she must submit independent evidence corroborating or verifying the statement about the occurrence of the stressor. For most non-combat stressors claims, the in-service stressor requirement raises the most difficult proof problems. Military records are the best way to corroborate in-service stressors. For instance, if the claimant alleges that his unit came under missile and/or mortar attack, morning reports or daily logs may contain entries verifying these attacks. Proof of a stressor may come in the form of a “buddy statement,” a written statement from a fellow soldier who also witnessed the traumatic event.

The third requirement for a PTSD claim is the nexus requirement. Just like all claims, the PTSD claim must contain proof of a causal link between the in-service incident and the present disability. That means that a medical expert, (here, a medical health practitioner) must opine that the in-service stressor caused the claimant’s present PTSD.