Updated Feb 18, 2025
In This Section |
This section contains the following topics:
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1. General Development for PTSD or Other Claims Related to Personal Trauma
Introduction |
This topic contains information on developing claims for service connection (SC) for PTSD or other conditions based on personal trauma, including
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Change Date |
December 16, 2024 |
VIII.iv.1.B.1.a. General Information on Personal Trauma |
Personal trauma, for the purpose of Department of Veterans Affairs (VA) disability compensation claims, refers broadly to stressor events (also referred to as “personal traumatic events”) involving harm perpetrated by a person who is not considered part of an enemy force.
Examples: Assault, battery, robbery, mugging, stalking, harassment.
Military sexual trauma (MST) is a subset of personal trauma and refers to sexual harassment, sexual assault, or rape that occurs during military service. Notes:
References: For more information on
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VIII.iv.1.B.1.b. Developing Claims of SC Based on In-Service Personal Trauma |
When a Veteran claims SC for PTSD or other conditions based on in-service personal trauma, undertake development as necessary for credible evidence to support the occurrence of the personal traumatic event(s). As discussed in M21-1, Part VIII, Subpart iv, 1.B.2.a, if the evidence of record is sufficient to establish the occurrence of the claimed in-service personal traumatic event(s), do not undertake any additional development for information about the traumatic event.
Because a personal traumatic event is an extremely personal and sensitive issue,
Important: Identifying possible sources of evidence to support the claim may require asking the Veteran for information concerning the personal traumatic event(s). Make this request as compassionately as possible in order to avoid causing further trauma. Examples: The following are examples of appropriate language to use when it is necessary to request additional information from the Veteran about a personal traumatic event:
Notes:
References: For more information on
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VIII.iv.1.B.1.c. Assigning Claim Attributes to Claims Based on Personal Trauma |
To facilitate tracking and proper routing of claims, claims processors must assign the appropriate claim attributes to claims based on personal trauma.
Determine the nature of a Veteran’s claimed condition and personal traumatic event(s) and, using the table below, ensure one of the following special issues is assigned to the relevant contention(s).
Important: The MST special issue indicator must be used for all MST-related claims, including claims to establish SC and claims for increased evaluation. This will facilitate
Note: If the MST special issue indicator has been assigned but, at any time during the claims process, it becomes clear that the Veteran’s claim is not based on an MST event, then
References: For more information on
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VIII.iv.1.B.1.d. MST Claim Processing Requirements |
All development actions on claims involving MST must only be taken by an individual who
Important: To ensure accurate claims processing, the following checklist and worksheet are required for completion and uploading to the claims folder: Exception: When processing an active duty Integrated Disability Evaluation System, Benefits Delivery at Discharge (BDD), or BDD-excluded claim based on personal trauma, to include MST, the above checklist and worksheet are not required. Note: Communication with the designated VBA MST Outreach Coordinator may be warranted, if applicable as described in M27-2, Part I, 2.08. Reference: For more information on the requirement that MST-related claims be worked by specialized claims processors, see 38 U.S.C. 1166. |
VIII.iv.1.B.1.e. Action to Take When the Veteran Alleges MST or Other Personal Trauma but Does Not Claim a Disability |
A claim is not substantially complete if a Veteran alleges experiencing MST during service but does not claim SC for a specific disability resulting from the traumatic experience. In cases such as these, follow the procedures outlined in M21-1, Part II, Subpart iii, 1.C.2.d. Note: If a claim form indicates a non-sexual (non-MST) personal trauma without claiming SC for a specific disability as a result, follow the procedures in M21-1, Part II, Subpart iii, 1.C.2.b. Important: VA does not have a duty to assist until a substantially complete application is received, as provided in 38 CFR 3.159 and as discussed in M21-1, Part I, Subpart i, 1.A.3.c. Reference: For more information on what constitutes a substantially complete application, see |
VIII.iv.1.B.1.f. Soliciting or Clarifying Consent for Automatic Notifications to VHA in Claims Based on MST |
In compliance with Public Law 117-303, MST Claims Coordination Act, VBA will automatically notify VHA shortly before certain events in the claims process (including VA examinations and decision notifications) when a Veteran
The following VA forms give claimants the option to provide or decline consent, or revoke prior consent, for these automatic notifications:
When a substantially complete MST-related claim is received, follow the steps in the table below to review, solicit, and/or clarify the Veteran’s consent preference, as necessary.
Notes:
Important:
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2. Development for Stressors Related to Personal Trauma
Introduction |
This topic contains information on developing for stressors related to personal trauma, including
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Change Date |
December 16, 2024 |
VIII.iv.1.B.2.a. Sufficient Evidence to Document Occurrence of a Personal Trauma Stressor |
Prior to undertaking any initial or subsequent development for information to support the occurrence of the in-service personal traumatic event(s), thoroughly review the evidence of record for documentation sufficient to establish that the traumatic event occurred during a period of qualifying service. If any of the following are of record, or are obtained through development of the claim, then further stressor development is not needed:
Notes:
Important: The development activity must work closely with the rating activity to determine if the evidence available in the particular case can be considered documentation sufficient to establish the occurrence of the personal traumatic event(s) or if additional stressor development is needed. As noted in M21-1, Part VIII, Subpart iv, 1.A.3.c, stressor concession is ultimately the rating activity’s responsibility.
Example 1: The Veteran indicated experiencing a sexual assault and that civilian authorities investigated the assault. A copy of the report from the civilian authorities is provided and it shows their office investigated an assault involving the Veteran and the Veteran’s domestic partner on April 15, 1990. Review of the Veteran’s records shows this was during a period of active duty for training. Analysis: The report from the civilian authorities is considered official documentation establishing that the Veteran experienced the personal traumatic event during a qualifying period of service. This is sufficient evidence to support the occurrence of the in-service event, under either 38 CFR 3.304(f) for PTSD or 38 CFR 3.303 for other conditions, whichever is applicable to the claim. Further stressor development is not needed, to the Veteran or any other source. Example 2: In a lay statement provided in support of the Veteran’s claim, the Veteran’s mother indicates that she remembers the Veteran informing her of the experience of sexual harassment over the phone during a period of active duty. Analysis: The statement from the Veteran’s mother is not sufficient on its own to serve as
However, if the claim is for PTSD, the statement should be used to support the Veteran’s claim under the provisions of 38 CFR 3.304(f)(5), along with clinical interpretation of behavioral changes when deemed necessary. References: For more information on
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VIII.iv.1.B.2.b. Information Needed Regarding a Personal Trauma Stressor |
In claims based on personal trauma, the following information is generally needed to establish the occurrence of the in-service personal traumatic event(s) or to allow for further research or development to establish the claimed stressor:
Important:
Notes:
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VIII.iv.1.B.2.c. Procedure for Reviewing for Credible Evidence of a Personal Trauma Stressor |
The Secretary has undertaken a special obligation to assist a claimant in producing corroborating evidence of an in-service stressor in claims based on personal trauma per Patton v. West, 12 Vet. App. 272 (1999). In view of this special obligation, it is critical to
Follow the steps in the table below to determine if there is credible supporting evidence of a personal trauma stressor.
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VIII.iv.1.B.2.d. Development to Identify the Records Custodian in Claims Based on Personal Trauma |
When the Veteran indicates a personal traumatic event was reported or a complaint was made, or that an investigation was conducted, development may be needed to identify the appropriate records custodian. VA has a duty to assist in
Important: If the claim is based on MST and the Veteran indicates a report or complaint was filed with a military or DoD entity, follow applicable procedures in M21-1, Part VIII, Subpart iv, 1.B.3.d and e.
Notes:
References: For more information on
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VIII.iv.1.B.2.e. Required Information in MST Claims Development Letters |
When writing a letter to obtain information from the Veteran regarding a claim based on MST, ensure the development letter includes the MST – Important Information VBMS development paragraph. Note: The MST – Important Information paragraph informs Veterans of different sources of support they may access during or after the claims process, including the availability of free treatment for mental and physical health conditions related to experiences of MST. Important: Letters and VBMS development paragraphs used to solicit details concerning a combat-related stressful event are inappropriate for claims based on personal trauma. |
VIII.iv.1.B.2.f. Obtaining Police Reports in Claims Based on Personal Trauma |
In certain cases, the Veteran may identify a police or other law enforcement report(s) as a relevant alternative source of evidence. If the report is not already part of the available military or other records, obtain the report(s), as appropriate, from
Notes:
Reference: For more information on alternative sources of evidence, see M21-1, Part VIII, Subpart iv, 1.E.1.c. |
VIII.iv.1.B.2.g. Personal Trauma or MST Stressors and the MRRC |
Provided all applicable developmental efforts described in this topic have been undertaken, the regional office (RO) Research Coordinator need not routinely be involved in the development of claims based on personal trauma or MST. However, when the circumstances of the described event are of a nature that would otherwise warrant Military Records Research Center (MRRC) research, the claim should be referred to the RO Research Coordinator for review of the evidence and possible request for verification of the stressor, per M21-1, Part VIII, Subpart iv, 1.A.4.b and c.
Reference: For more information on when to refer a claim to an RO Research Coordinator, see M21-1, Part VIII, Subpart iv, 1.A.3.q. |
3. DoD Reports Regarding MST Events
Introduction |
This topic contains information on DoD reports regarding MST events, including
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Change Date |
December 16, 2024 |
VIII.iv.1.B.3.a. DoD Offices Responsible for Handling MST Reports and Complaints |
DoD has three offices responsible for policy related to sexual assault, sexual abuse, and sexual harassment. Each branch of service may execute policy requirements differently, making standardization across all types of sexual trauma challenging. The table below describes the types of cases each office handles.
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VIII.iv.1.B.3.b. DoD’s Reporting Procedures Following MST Events Involving Sexual Assault and Sexual Abuse |
DoD offers two reporting options for MST events involving sexual assault and sexual abuse, restricted and unrestricted. Restricted reporting allows a service member to confidentially file a formal report and receive medical care and supportive services, without notifying command or law enforcement or initiating the investigative process. Unrestricted reporting allows a service member to file a formal report and receive medical care and supportive services, with notification to command and law enforcement, which will initiate the investigative process. Following an MST event involving sexual assault, a service member may elect one of these reporting options by completing DD Form 2910, Victim Reporting Preference Statement. Following an MST event involving intimate partner sexual abuse, a service member may elect either the restricted or unrestricted reporting option by completing DD Form 2967, Domestic Abuse Reporting Option Statement. The service member may also elect an optional sexual assault forensic examination (SAFE), which is performed by a health care provider and is documented on DD Form 2911, Forensic Medical Report: Sexual Assault Examination.
Note: DoD may have used other forms prior to the issuance of DD Form 2910. For example, the Department of the Navy used the form NAVPERS 1752/1, Sexual Assault Incident Data Collection Report. References: For more information on
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VIII.iv.1.B.3.c. DoD’s Reporting Procedures Following MST Events Involving Sexual Harassment |
For service members who experienced sexual harassment during service, DoD does not offer the MST restricted and unrestricted reporting options described above. However, DoD’s MEO/Army SHARP Program provides three complaint options and one reporting option. The table below describes the complaint and reporting options provided to service members who experience sexual harassment. Notes:
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VIII.iv.1.B.3.d. Developing to the Veteran for DoD MST Reports |
Use the table below to determine what development is needed to the Veteran for DoD MST reports or complaints. Exception: If sufficient evidence to establish the occurrence of the in-service MST event(s) is already of record, do not undertake any of the development actions described in the table below. Note: Prior to developing to the Veteran or DoD for an in-service MST report, MST claims processors should access the DSAID Lookup Tool to determine if data is found for an MST report. If data is found, further development to establish the occurrence of an in-service MST event is not necessary.
Important: If the Veteran, in response to a subsequent development letter sent as described in the table above,
References: For more information on
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VIII.iv.1.B.3.e. Developing to DoD in Claims Based on MST |
Initiate development to DoD
Follow the steps in the table below when requesting an MST report from DoD. Exceptions: Do not develop to DoD for an MST report if the
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