The regulation were changed on July 13, 2020 per 3.304(f)(3) to allow for a relax standard in which a VA can concede and verify a stressor related to service in areas of enemy hostility. The new relaxed standard was coined “fear of hostile military or terrorist activity”.
Here is the CFR reference 38 CFR 3.304(f)(3):
If a stressor claimed by a veteran is related to the veteran’s fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of posttraumatic stress disorder and that the veteran’s symptoms are related to the claimed stressor, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor. For purposes of this paragraph, “fear of hostile military or terrorist activity” means that a veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the veteran or others, such as from an actual or potential improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft, and the veteran’s response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror.
And here is how the M21 tells VA what it means, per VIII.iv.1.A.3.f.:
Fear of hostile military or terrorist activity means
- the Veteran experienced, witnessed, or was confronted with an event or circumstance that involved
- actual or threatened death or serious injury, or
- a threat to the physical integrity of the Veteran or others, and
- the Veteran’s response to the event or circumstances involved a psychological or psycho-physiological state of fear, helplessness, or horror.
Examples of exposure to hostile military or terrorist activity include presence at events involving
- actual or potential improvised explosive devices (IEDs)
- vehicle-embedded explosive devices
- incoming artillery, rocket, or mortar fire
- small arms fire, including suspected sniper fire, or
- attacks upon friendly aircraft.
And here are a couple of examples per VIII.iv.1.A.3.k
Concede a stressor when the Veteran’s DD Form 214 or other service records show service in an area of potential hostile military or terrorist activity.
Notes:
- Service personnel records must be requested prior to or concurrently with any necessary examination being ordered so as to avoid unnecessary delays in claims processing.
- The receipt of military awards such as, but not limited to, the Vietnam Service or Campaign Medal, Kuwait Liberation Medal, Iraq Campaign Medal, and Afghanistan Campaign Medal is generally considered evidence of service in an area of potential hostile military or terrorist activity.
- The receipt of military awards such as the National Defense Service Medal, Armed Forces Service Medal, and Global War on Terrorism (GWOT) Service Medal generally does not indicate service in locations that involve exposure to hostile military or terrorist activity because these are general medals that do not denote service in a particular area or campaign. If the Veteran served in an area of potential hostile military or terrorist activity, they likely would have received a more specific medal for such service.
- The GWOT Expeditionary Medal also does not necessarily indicate service in an area that would involve exposure to hostile military or terrorist activity. Consider that award and the other evidence of record to determine if there was service in an area of potential hostile military or terrorist activity before scheduling an examination.
- The fear-based stressor criteria are not met based on
- anticipation of future deployment to a location of hostile military or terrorist activity, or
- learning of the death of another person, when such death occurred remote from the Veteran in a location of hostile military or terrorist activity.
And VIII.iv.1.A.3.i
Evaluation of evidence for service in a location associated with hostile military or terrorist activity must be done on a case-by-case basis. The fear-based regulation is intended to encompass military service not involving direct combat but where there was always a potential for hostile military or terrorist activity. The list below includes examples of service in areas of hostile military or terrorist activity. The list is not all-inclusive.
- Service along the Korean demilitarized zone, which separates North Korea from South Korea, has been a location of hostile military activity since the Korean War armistice of 1953, whereas service on U.S. bases in the rest of South Korea generally has not been.
- Service aboard a ship in the offshore “blue waters” of Vietnam or service in Thailand for which the Veteran received the Vietnam Service Medal or Vietnam Campaign Medal is sufficient to establish service in a potentially hostile military environment.