3.      What types of claims for VA benefits does the final regulation affect?                                     The final regulation will benefit Veterans, regardless of their period of service.  It applies to claims for PTSD service connection filed on or after the final regulation’s effective date, and to those claims that are considered on the merits at a VA Regional Office or the Board of Veterans’ Appeals on or after the effective date of the rule.                                 4.      Why is this final regulation necessary?                 The final regulation is necessary to make VA’s adjudication of PTSD claims both more timely and consistent with the current medical science.

5.      How does this final regulation help Veterans?                             The final regulation will simplify and streamline the processing of PTSD claims, which will result in Veterans receiving more timely decisions.   A Veteran will be able to establish the occurrence of an in-service stressor through his or her own testimony, provided that:  (1) the Veteran is diagnosed with PTSD; (2) 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 PTSD diagnosis; (3) the Veteran's symptoms are related to the claimed stressor; and (4) the claimed stressor is consistent with the places, types, and circumstances of the Veteran’s service and the record provides no clear and convincing evidence to the contrary.  This will eliminate the requirement for VA to search for records, to verify stressor accounts, which is often a very involved and protracted process.  As a result, the time required to adjudicate a PTSD compensation claim in accordance with the law will be significantly reduced.

6.  How does VA plan to monitor the need for examiners in various regions of the country, and how does VA plan to respond if it is determined that more examiners are needed in a particular region?                           The Veterans Health Administration (VHA) has written in to the FY11-13 Operating Plan the need for additional staff to support doing adequate, timely exams.  VHA proposes: “A8. Increase mental health field staff to address the increase in C&P examinations and develop monitoring system to ensure clinical delivery of mental health services does not decrease in VHA.“  Specifically, VHA has requested 125 clinicians for FY11 with additional 63 staff in FY12 if the need exists. If the Operating Plan and the proposed budget are approved, VA proposes asking the Veterans Integrated Service Networks (VISNs) to develop plans for distributing the funds in order to ensure adequate coverage at sites based on number of claims being processed; the VISNs are well positioned to determine these regional needs.

Sign-Up for our FREE Veteran Newsletters and FREE Veteran Alerts. Full name:  * required Email address:  * required Comments: I agree to receive FREE veteran newsletters and alerts. Yes No