PRACTICE AREA
PTSD & Military Sexual Trauma, Getting the Rating You Deserve
These claims are handled with complete confidentiality and the sensitivity your situation requires.
If you are experiencing a mental health crisis, please contact the Veterans Crisis Line: Call 988 and press 1, text 838255, or chat at VeteransCrisisLine.net.
Understanding PTSD & MST Claims
PTSD and MST claims are among the most important, and often most difficult, VA disability cases. They require careful handling of sensitive personal history, an understanding of the special evidentiary rules that apply, and a strategic approach to building a compelling record.
Bryan Blackmore handles these cases with complete confidentiality and the care that survivors deserve. Whether your PTSD stems from combat, military sexual trauma, a serious accident, or another in-service event, you have the right to service connection and a fair rating.
In-Service Nexus & Special Evidence Rules
Combat Veterans (38 CFR 3.304(f))
Under 38 CFR 3.304(f), combat veterans benefit from relaxed evidentiary standards. If you served in combat and claim a stressor that is consistent with the circumstances of your service, your own credible account is sufficient to establish the stressor, no corroboration required. The VA cannot demand documentation that combat events occurred when the nature of combat itself makes that documentation unreliable.
Military Sexual Trauma (MST)
MST is defined by the VA as personal assault or sexual harassment that occurred during military service. Because MST is systematically underreported and rarely reflected in service treatment records, the VA must apply special evidentiary standards.
When a veteran claims PTSD or other mental health conditions connected to MST, the VA must look for "markers" in the record, evidence consistent with MST even if the assault itself was never reported. These markers may include: requests for transfer to a different unit or duty station, behavioral changes after the incident, medical records noting depression, anxiety, or substance use, performance declines, or records of difficulty with supervisors.
A private mental health professional's opinion corroborating the veteran's account of the stressor can be powerful evidence in MST claims.
PTSD Nexus Letters & DBQs
A PTSD claim requires:
- A current diagnosis of PTSD by a competent medical professional
- A credible in-service stressor
- A nexus linking the current PTSD to the in-service stressor
A Disability Benefits Questionnaire (DBQ) for PTSD completed by your treating mental health provider, one who knows your full history, is far more valuable than a brief C&P exam. Bryan works with veterans to obtain thorough DBQs and nexus opinions that capture the full scope of their symptoms and connect them properly to service.
Getting the Rating Right
PTSD ratings are evaluated under 38 CFR 4.130, Diagnostic Code 9411. Ratings range from 0% to 100%, based on the frequency, duration, and severity of symptoms and their impact on social and occupational functioning.
Many veterans with significant PTSD symptoms receive 30% or 50% ratings that don't reflect how much the condition actually impairs their lives. A proper PTSD DBQ documents the full symptom picture, not just the worst days, but the pattern of occupational and social impairment across time.
If your current rating doesn't reflect your true level of impairment, Bryan can help you build the evidence for a rating increase.
Frequently Asked Questions
Do I need to have a combat record to claim service-connected PTSD?
No. While combat veterans benefit from relaxed evidentiary standards, PTSD can be service-connected based on many in-service events, including MST, non-combat trauma, accidents, or witnessing traumatic events. The key is a credible in-service stressor and a current diagnosis.
What evidence do I need for an MST claim?
MST claims follow special VA evidentiary rules because MST is often unreported. The VA must look for 'markers' of MST, behavioral changes, transfer requests, substance use, medical records from the time. A private mental health provider's opinion corroborating the stressor can also be powerful.
What PTSD rating am I likely to receive?
PTSD ratings range from 0% to 100% under 38 CFR 4.130. Ratings of 50% and 70% are common. A 70% rating requires occupational and social impairment with deficiencies in most areas. A 100% rating requires total occupational and social impairment.
What if my C&P examiner minimized my PTSD symptoms?
A C&P examiner's inadequate opinion is not the end. You can obtain a private psychological evaluation that more thoroughly documents your symptoms, and submit it as part of a Supplemental Claim or BVA appeal. Bryan can identify specific deficiencies in the C&P opinion and challenge it effectively.