Updated Jan 23, 2025
In This Section |
This section contains the following topics:
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1. Requesting Examinations and Medical Opinions in Claims for SC for PTSD
Introduction |
This topic contains information about requesting examinations and medical opinions in claims for SC for PTSD, including
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Change Date |
January 23, 2025
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VIII.iv.1.C.1.a. When to Proceed With an Examination in a PTSD Claim |
In claims for service connection (SC) for posttraumatic stress disorder (PTSD), request an examination if
Notes:
Important:
References: For more information on
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VIII.iv.1.C.1.b. Requesting Initial PTSD Examinations Other Than Personal Trauma |
When evidence of exposure to stressors related to combat, experience as a former prisoner of war (FPOW), fear of hostile military or terrorist activity, or drone aircraft crew member duties is established by a Veteran’s individual decoration(s) or other military records, include a statement to that effect in the REMARKS section of the examination request. This evidence allows VA (including the examiner) to accept the Veteran’s own description of the specific events without further corroboration.
Important: Evidence of experience as an FPOW, exposure to combat, fear of hostile military or terrorist activity, or drone aircraft crew member duties, in itself, does not satisfy the diagnostic criteria for PTSD.
Note: When requesting a PTSD examination, specify that, if possible, the Veteran’s treating mental health professional should not perform the examination.
References: For more information on
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VIII.iv.1.C.1.c. Requesting Examinations for PTSD Claims Based on Personal Trauma |
In compliance with 38 CFR 3.159(c)(4), an examination will always be needed for a PTSD claim based on personal trauma (including MST) when a thorough review shows
Important: A medical opinion will not be required in all cases where an examination is warranted based on meeting the elements described above.
References: For more information on
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VIII.iv.1.C.1.d. Medical Opinions for PTSD Claims Based on Personal Trauma With Sufficient Documentation of the Event or Treatment in Service |
In claims for PTSD based on personal trauma (including MST), a separate medical opinion DBQ should not routinely be ordered when either
In examination requests for such cases, do not include medical opinion language asking the examiner to interpret evidence of behavioral changes, or markers. The personal trauma marker-based medical opinion language is necessary only in claims for PTSD where the in-service personal traumatic event(s) cannot be established without clinical interpretation of behavioral changes or marker evidence.
Example: The Veteran submitted a substantially complete claim for PTSD related to MST. Service treatment records show a medical examination during service documenting that the Veteran had recently experienced a sexual assault. This is considered sufficient documentary evidence to establish the in-service personal traumatic event. An examination should be requested using the Initial Post Traumatic Stress Disorder (PTSD) Disability Benefits Questionnaire. The MST marker-based medical opinion language should not be included, and a separate medical opinion DBQ is not necessary. Accordingly, referral to the rating activity for complex medical opinion review is not required.
Note: Claims for non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303, which require sufficient documentary evidence to establish the in-service event. Therefore, when the evidence of record or an initial PTSD DBQ shows a diagnosis other than PTSD and there is sufficient evidence to establish the occurrence of the in-service event, sympathetically read the claim and consider whether a direct medical opinion is necessary. A personal trauma marker-based medical opinion is not appropriate in such cases. Follow applicable guidance in M21-1, Part IV, Subpart i, 1.B to determine whether an examination and/or medical opinion is warranted in a non-PTSD claim.
References: For more information on
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VIII.iv.1.C.1.e. Medical Opinions for PTSD Claims Based on Personal Trauma When Clinical Interpretation of Behavioral Changes Is Necessary |
In cases where the only evidence of the personal traumatic event(s) are behavioral changes that may be markers of the claimed traumatic event, an examination with a medical opinion is almost always needed. A marker(s) itself does not establish the occurrence of the personal traumatic event(s), but the opinion of a qualified examiner can provide credible and probative evidence to concede that the traumatic event(s) occurred, as provided in 38 CFR 3.304(f)(5).
A medical opinion is needed specifically to determine
Important:
Example: The Veteran submitted a substantially complete claim for PTSD related to MST. All necessary development is completed, and review of the Veteran’s service records and all other available evidence fails to show sufficient documentary evidence to establish the occurrence of the personal traumatic event(s). Behavioral changes following the MST event are both reported by the Veteran and shown in service records and post-service evidence. An examination should be requested using the Initial Post Traumatic Stress Disorder (PTSD) Disability Benefits Questionnaire and a separate medical opinion DBQ with the MST marker-based medical opinion language.
References: For more information on
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2. Handling PTSD Examination and Medical Opinion Reports
Introduction |
This topic contains information about handling examination and medical opinion reports in claims for SC for PTSD, including
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Change Date |
January 23, 2025 |
VIII.iv.1.C.2.a. Handling Insufficient PTSD Examination or Medical Opinion Reports |
When a PTSD examination or medical opinion report is insufficient for rating purposes, follow procedures in M21-1, Part IV, Subpart i, 3.C.
Reasons that a PTSD examination or medical opinion report may be insufficient for VA purposes include
Notes:
Important: The Federal Circuit held in AZ and AY v. Shinseki, 731 F.3d 1303 (Fed. Cir. 2013), that the absence of a service record documenting an unreported sexual assault or a Veteran’s failure to report a claimed assault in service may not be treated as pertinent evidence that the assault did not occur. Accordingly, if an examiner provides a negative medical opinion in response to a request for clinical interpretation of behavioral changes and the examiner uses the absence of a report or documentation of the event in the service records to support the negative opinion, then the medical opinion should be returned as insufficient. A VA examiner cannot use the absence of in-service documentation as evidence that the personal traumatic event did not occur.
References: For more information on
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VIII.iv.1.C.2.b. PTSD Examination Reports and DSM Criteria |
Based on the May 2013 publication of DSM-5, 38 CFR 4.125 was updated to specifically refer to DSM-5 effective August 4, 2014.
Important: Mental health examinations conducted after August 2014, to include PTSD examinations, must comply with DSM-5 standards.
References: For more information on
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