Post-Traumatic Stress Disorder (PTSD) is one of the most common service-connected disabilities among veterans in the United States. It can arise from exposure to traumatic events during military service, such as combat, sexual trauma, or life-threatening situations. PTSD can significantly affect a veteran’s mental health, relationships, and work ability.
At Tabak Law, we strongly support veterans in securing the VA benefits they have earned. It is crucial to understand eligibility and gather the appropriate evidence for a successful claim.
What Is Service-Connected PTSD?
The U.S. Department of Veterans Affairs (VA) recognizes post-traumatic stress disorder (PTSD) as a service-connected disability when it is directly related to a traumatic event that occurred during active military service. In order to qualify for benefits, veterans must meet the following three criteria established by VA regulations:
- A current diagnosis of PTSD by a qualified mental health professional
- Verification of an in-service stressor, or traumatic event, that caused the PTSD
- A medical link between the current diagnosis and the in-service stressor
These criteria are outlined in the VA’s Adjudication Procedures Manual (M21-1) and align with the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5).
Who Qualifies for VA Disability Benefits for PTSD?
Veterans from all branches of the armed forces and different eras of military service may be eligible for disability benefits if their PTSD (post-traumatic stress disorder) is related to their time serving in uniform. Some common causes of PTSD include:
- Exposure to combat
- Military sexual trauma
- Seeing death or serious injuries
- Fear of enemy or terrorist activity
- Accidents during training with serious consequences
Importantly, the VA recognizes the occurrence of specific stressors for veterans who have served in combat zones. If a veteran served in an area where they experienced fear of hostile activity, this stressor may be considered without extensive documentation, in accordance with 38 CFR § 3.304(f)(3).
The VA also recognizes the importance of considering the sensitive and underreported nature of traumatic events for veterans with MST. Statements from friends, family, and counselors can serve as evidence of behavioral changes resulting from trauma, allowing for a more comprehensive understanding of a veteran’s experience.
What Evidence Is Required?
A strong PTSD claim depends on solid, well-organized evidence. The VA will consider the following factors:
Medical Diagnosis
A formal diagnosis of PTSD from a VA-approved psychiatrist, psychologist, or other VA-contracted mental health provider is essential. This diagnosis must comply with the criteria outlined in the DSM-5 and must be documented in the patient’s treatment records or in the VA Compensation and Pension (C&P) examination.
Stressor Verification
For non-combat-related stressors, veterans should provide credible supporting evidence. This could include service records, letters from friends or colleagues, police reports, or personal statements. The Veterans Administration (VA) may also accept other types of evidence, such as lay evidence, if it demonstrates a change in the veteran’s behavior or performance after an incident.
Nexus Letter
A letter from a qualified mental health professional can be a powerful piece of evidence in a veteran’s case. This letter should clearly state that there is “at least a possibility” that the PTSD is related to the veteran’s military service.
Lay Statements
Personal statements from veterans, family members, and fellow service members can provide valuable insight into the symptoms and their effects on daily life. They can be especially helpful when official records are not complete.
VA Disability Ratings for PTSD
PTSD is evaluated using the VA’s General Rating Formula for Mental Disorders, which ranges from 0% to 100%. The rating is based on the severity of the symptoms and their impact on social and work-related functioning.
- 30%: Mild symptoms with occasional periods of difficulty performing work-related tasks.
- 50%: Decreased reliability and productivity due to symptoms such as panic attacks or memory problems.
- 70%: Significant impairment in work, family relationships, and thinking. Suicidal thoughts or obsessive behaviors may occur.
- 100%: Complete occupational and social disability due to persistent delusions, confusion, or inability to care for oneself.
Veterans with high ratings may also be eligible for Total Disability based on Individual Unemployability (TDIU) if their PTSD prevents them from holding a substantially gainful job. For more information, please see the full VA criteria for mental health conditions at 38 CFR § 4.130.
Why Legal Representation Matters
PTSD claims are often denied due to a lack of evidence, misdiagnosis, or failure to identify the source of the stress. At Tabak Law, our legal team helps veterans overcome these obstacles. We have extensive experience gathering medical records, obtaining expert opinions, and presenting strong evidence to the Veterans Administration (VA).
We also assist veterans with appeals when their claims are denied. It is our goal to ensure that every veteran receives a fair review and the care and compensation they deserve.
You Served. Now Let Us Serve You.
If you are living with post-traumatic stress disorder (PTSD) related to your military service, you do not have to go through the VA claims process alone. At Tabak Law, we are building more than just a law firm – we are creating a movement for advocacy and justice.
We are committed to securing one billion dollars in rightful compensation for injured and disabled veterans. Let us help you transition from hardship to hope by providing you with a free consultation.
Contact us today and take the first step towards the benefits that you have earned.