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- make all required efforts to obtain evidence of personal trauma, and
- consider all available evidence bearing on the question of whether the personal traumatic event(s) occurred.
Follow the steps in the table below to determine if there is credible supporting evidence of a personal trauma stressor. | Step | Action | Reference(s) |
|---|
| 1 | Ensure all service treatment records (STRs) and the entire personnel folder for all periods of service have been obtained or documented as unavailable with a final notification letter. Note: If there is an indication of mental health treatment during service, ensure clinical records have been obtained as directed in M21-1, Part III, Subpart i, 2.E.1.e and M21-1, Part III, Subpart ii, 2.C.1.d. | For more information on- in-service mental health treatment records, see M21-1, Part VIII, Subpart iv, 1.A.2.a-c
- obtaining STRs, clinical records, and personnel records, see M21-1, Part III, Subpart ii, 2, and
- the requirement for a final notification letter when VA is unable to obtain relevant Federal records, see
| | 2 | Was VA Form 21-0781, or equivalent information submitted? - If yes, go to the next step.
- If no,
- send a subsequent development letter using the PTSD (Trauma) – Need stressor details or med evidence of personal trauma incdnt VBMS development paragraph to request completion of VA Form 21-0781
- wait 30 days, and
- go to the next step.
Note: Information that is equivalent to VA Form 21-0781 means a statement or other evidence that contains the same types of details regarding the in-service traumatic event(s) that are solicited on VA Form 21-0781, also described in M21-1, Part VIII, Subpart iv, 1.B.2.b. If this information is provided or available in the evidence of record, do not request completion of VA Form 21-0781. Important:- Do not develop to the Veteran for completion of VA Form 21-0781 if the available information or evidence is sufficient to establish the occurrence of the claimed personal traumatic event(s).
- Only one letter requesting completion of VA Form 21-0781 is required. Do not send a second development letter requesting completion of VA Form 21-0781 if the Veteran
- fails to respond to the initial request within 30 days, or
- submits an incomplete VA Form 21-0781. (In such case, making another request to the Veteran for completion of VA Form 21-0781 is inappropriate. However, a development letter to request necessary missing details may be warranted as described in Step 5 of this table, if the available evidence is still insufficient after following applicable guidance in Steps 3 and 4).
| For more information on | | 3 | Review service records and any other available evidence of record for supporting documentation of the traumatic event(s).Is there credible supporting evidence sufficient to establish that the claimed personal traumatic event(s) occurred or that PTSD was diagnosed in service? - If yes,
- annotate the relevant document(s) in accordance with M21-1, Part VIII, Subpart iv, 1.A.1.h
- complete all other required development, including an examination, if warranted as discussed in
- M21-1, Part VIII, Subpart iv, 1.C, for PTSD claims, and
- M21-1, Part IV, Subpart i, 1.B, for non-PTSD claims, and
- do not undertake any further stressor development outlined in this table.
- If no, and the claim is based on
- non-sexual (non-MST) personal trauma, go to Step 5, or
- MST, go to the next step.
Important: - Additional development for traumatic event details or further documentation is unnecessary when the evidence of record
- is sufficient to establish occurrence of the personal traumatic event(s), or
- shows an initial diagnosis of PTSD in service.
- Claims for non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303. If there is sufficient documentary evidence of the in-service event, consider whether a direct medical opinion is necessary.
| For more information on- credible supporting evidence of an in-service stressor, see
- M21-1, Part VIII, Subpart iv, 1.B.2.a
- M21-1, Part VIII, Subpart iv, 1.A.3.c, and
- M21-1, Part VIII, Subpart iv, 1.D.2.f-h, and
- consideration of an in-service diagnosis of PTSD, see
| | 4 | For claims based on MST, follow guidance in the Defense Sexual Assault Incident Database (DSAID) Lookup Tool Standard Operating Procedure (SOP) to determine if data is available for the Veteran and to document the findings.Did a search of the DSAID Lookup Tool provide data for the Veteran?- If yes,
- complete all other required development, including an examination, if warranted as discussed in
- M21-1, Part VIII, Subpart iv, 1.C, for PTSD claims, and
- M21-1, Part IV, Subpart i, 1.B, for non-PTSD claims, and
- do not undertake any further stressor development outlined in this table.
- If no, go to the next step.
Important: - Only certain designated MST claims processors have access to the DSAID Lookup Tool.
- A search of the DSAID Lookup Tool is not necessary when
- the MST event is otherwise documented
- documentation from the DSAID Lookup Tool was previously received
- the request is otherwise futile, or
- SC has previously been established for the specific condition at issue.
| For more information on the DSAID Lookup Tool, see the DSAID Lookup Tool SOP. | | 5 | If the existing evidence is not sufficient to establish occurrence of the claimed personal traumatic event(s), did the Veteran provide a sufficiently detailed account of the personal traumatic event(s) on VA Form 21-0781, or within a statement or other evidence, to allow for additional research of the stressor?- If yes, and the claim is based on
- non-sexual (non-MST) personal trauma, go to Step 7, or
- MST, go to the next step.
- If no,
- send a subsequent development letter using the PTSD (Trauma) – Follow-up for Stressor Details VBMS development paragraph asking the Veteran to provide the necessary missing details
- wait 30 days, and
- if the claim is based on
- non-sexual (non-MST) personal trauma, go to Step 7, or
- MST, go to the next step.
Important:- Only one letter requesting missing details is required. Do not send a second development letter to request missing details if the Veteran
- fails to respond to the initial request within 30 days
- reports not having or remembering the information requested, or
- submits insufficient information in response to the initial request for missing details.
- Do not request the Veteran to provide additional details of the personal traumatic event(s) if the evidence of record, to include lay statements and treatment records, allows a conclusion as to the necessary details.
Example: The Veteran reported an in-service traumatic event of being sexually assaulted during bootcamp. Although the Veteran did not specify a location or time frame of the event, service personnel records show the Veteran attended bootcamp in September 2004 at Parris Island, South Carolina. As the location and time frame are ascertainable from the evidence of record, development to the Veteran requesting further information about the date(s), location, and/or unit assignment is not necessary or appropriate. | For more information on- developing for personal trauma stressors and appropriate language when requesting information, see M21-1, Part VIII, Subpart iv, 1.B.1.b
- necessary details for personal trauma stressors, see M21-1, Part VIII, Subpart iv, 1.B.2.b, and
- developing to the Veteran for necessary missing details, see M21-1, Part VIII, Subpart iv, 1.A.2.h-i.
| | 6 | For claims based on MST, follow the applicable procedures in M21-1, Part VIII, Subpart iv, 1.B.3.d and e regarding reports or complaints filed with a military or DOW entity.After reasonable efforts to complete the applicable development outlined in M21-1, Part VIII, Subpart iv, 1.B.3.d and e, was a copy of the DOW MST report or complaint or other evidence sufficient to establish the occurrence of the in-service MST event(s) received?- If yes,
- annotate the relevant document(s) in accordance with M21-1, Part VIII, Subpart iv, 1.A.1.h
- complete all other required development, including an examination, if warranted as discussed in
- M21-1, Part VIII, Subpart iv, 1.C, for PTSD claims, and
- M21-1, Part IV, Subpart i, 1.B, for non-PTSD claims, and
- do not undertake any further stressor development outlined in this table.
- If no, go to the next step.
Important: Do not develop to the Veteran or DOW for a restricted or unrestricted report or complaint of an MST event(s) if the- evidence of record is sufficient to establish the occurrence of the in-service personal traumatic event(s), or
- Veteran clearly indicates an MST report or complaint was not filed with a military or DOW entity. However, in this instance, the DSAID Lookup Tool should still be searched, if warranted as described in the DSAID Lookup Tool SOP and Step 4 above.
| For more information on DOW reporting procedures following MST events, see M21-1, Part VIII, Subpart iv, 1.B.3. | | 7 | If the existing evidence is not sufficient to establish occurrence of the claimed personal traumatic event(s), obtain any relevant alternative sources of evidence identified by the Veteran. Do alternative sources of evidence contain credible supporting evidence sufficient to establish that the claimed personal traumatic event(s) occurred?- If yes,
- annotate in accordance with M21-1, Part VIII, Subpart iv, 1.A.1.h
- complete all other required development, including an examination, if warranted as discussed in
- M21-1, Part VIII, Subpart iv, 1.C, for PTSD claims, and
- M21-1, Part IV, Subpart i, 1.B, for non-PTSD claims, and
- do not undertake any further stressor development outlined in this table.
- If no, go to the next step.
Notes: - Claims for non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303. If there is sufficient documentary evidence of the in-service event, consider whether a direct medical opinion is necessary.
- When the identified alternative source of evidence is another Veteran who has records in VBMS that may reasonably support the claim under review, follow guidance in M21-1, Part III, Subpart i, 2.C.2.d regarding duty to assist in obtaining third-party records. Note that authorization to disclose the relevant portions of such records to the Veteran is required. The VA Office of General Counsel concluded in VAOPGCPREC 5-2014 that VA has no authority under the Privacy Act to disclose to a claimant records maintained by VA regarding another individual, except upon the written consent of the person to whom the records pertain or upon receipt of a court order directing the disclosure.
| For more information on- alternative sources of evidence, see M21-1, Part VIII, Subpart iv, 1.E.1.c
- development to identify the records custodian, see M21-1, Part VIII, Subpart iv, 1.B.2.d
- adequate identification of private records, see M21-1, Part III, Subpart i, 2.C.2.c
- obtaining police reports in claims based on personal trauma, see M21-1, Part VIII, Subpart iv, 1.B.2.f
- reviewing evidence to corroborate a claimed in-service stressor, see M21-1, Part VIII, Subpart iv, 1.A.3.c, and
- seeking records pertaining to an individual other than the claimant, see
- VAOPGCPREC 5-2014, and
- Molitor v. Shulkin, 28 Vet.App. 397 (2017).
| | 8 | Did the Veteran indicate that the personal traumatic event(s) was/were disclosed to friends or family, or that friends or family observed behavioral changes or reactions of the Veteran?- If yes,
- send a development letter using the Personal Trauma – Buddy-Lay-Witness Statement VBMS development paragraph
- allow 30 days for receipt of supporting statements, and
- go to the next step.
- If no, go to the next step.
Note: If statement(s) from the indicated friends or family members is/are already of record, further development to the Veteran for such statement(s) is not necessary. Important: Written statements received from individuals in support of a claim must be signed. If a statement is received that is not signed and it is material to a favorable decision on the claim, VA’s duty to assist requires claims processors to inform the Veteran of the uncertified testimony. | For more information on- the importance of obtaining and analyzing available evidence of personal trauma, see M21-1, Part VIII, Subpart iv, 1.E.1.b
- when to use lay evidence, see M21-1, Part V, Subpart ii, 1.B.2.b, and
- certification requirements for statements provided in support of a claim and handling uncertified statements, see M21-1, Part III, Subpart i, 2.D.3.b-d.
| | 9 | Is the claimed or diagnosed condition PTSD?- If yes, go to the next step.
- If no,
- complete all other development required for the claim, and
- refer the claim to the rating activity.
| For more information on considering SC for non-PTSD conditions related to a traumatic event in service, see- M21-1, Part VIII, Subpart iv, 1.B.1.b
- M21-1, Part VIII, Subpart iv, 1.B.2.a, and
- M21-1, Part VIII, Subpart iv, 1.D.2.j.
| | 10 | If the claimed or diagnosed condition is PTSD and the existing evidence is not sufficient to establish occurrence of the claimed personal traumatic event(s) after completing all previous steps in this table, then review records for evidence of behavioral changes around the time of, and after, the personal traumatic event(s), which may constitute a marker of a personal trauma PTSD stressor.Is there evidence that constitutes a potential marker? - If yes,
- If no,
- complete all other development required for the claim, and
- refer the claim to the rating activity.
Notes: - Behavioral changes after a personal traumatic event(s) can occur during, or any time after, the Veteran’s military service. Post-service behavioral changes may be considered potential markers if they can reasonably be associated with the claimed in-service personal traumatic event(s).
- Generally, a complex medical opinion review is only required when the in-service personal traumatic event(s) cannot be corroborated without reliance on clinical interpretation of evidence of behavioral changes, or markers, following the traumatic event(s). The development activity should work closely with the rating activity to determine need for complex medical opinions on a case-by-case basis.
| For more information on- use of behavioral changes to support PTSD claims based on personal trauma, see 38 CFR 3.304(f)(5)
- evidence that may constitute a marker of personal trauma, see M21-1, Part VIII, Subpart iv, 1.E.1.d, and
- examinations in PTSD claims based on personal trauma, see M21-1, Part VIII, Subpart iv, 1.C.
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