VA ACCREDITATION LATEST
EXAM
Hepatitis - ANSWERS-Actions taken when claim for Hepatitis is
received:
-The flash is updated to reflect the Veteran's claim of Hepatitis C
-VA develops for the risk factors of Hepatitis C
PTSD Eligibility Criteria - ANSWERS--Medical evidence establishing a
diagnosis
-Credible supporting evidence that in-service stressor occurred
-A nexus (link) established by medical evidence between current
problems or symptoms and the claimed stressor
PTSD due to Combat - ANSWERS-38 CFR 3.304(f)(2), states that "if
the evidence establishes that the Veteran engaged in combat with the
enemy and the claimed stressor is related to that combat, in the absence
of clear and convincing evidence to the contrary, and provided that the
claimed stressor is consistent with the circumstances, conditions, or
hardships of the Veteran's service, the Veteran's lay testimony alone may
establish the occurrence of the claimed in-service stressor."
END OF
PAGE
1
, VA ACCREDITATION LATEST
EXAM
Non-Combat PTSD, including Personal Trauma PTSD - ANSWERS-
Typical non-combat stressors include, but are not limited to:
-Plane crashes
-Ship sinking
-Explosions
-Medic/burn ward/graves registration unit
non-combat Veteran's testimony alone does not qualify as "credible
supporting evidence" of the incurrence of in-service stressors
Personal Trauma PTSD (including MST) - ANSWERS-there must be
credible evidence to support the Veteran's assertion that the stressful
event occurred. This does not mean that the evidence actually proves
that the incident occurred, but that there is at least an approximate
balance of positive and negative evidence that the event did occur.
PTSD due to Hostile Military or Terrorist Activities - ANSWERS-
Elimination of the requirement for corroborating evidence of the claimed
in-service stressor if it is related to the Veteran's "fear of hostile military
or terrorist activity."
END OF
PAGE
2
, VA ACCREDITATION LATEST
EXAM
The new regulatory provision requires that: (1) A VA psychiatrist or
psychologist, or contract equivalent, must confirm that the claimed
stressor is adequate to support a diagnosis of PTSD; (2) the claimed
stressor is consistent with the places, types, and circumstances of the
Veteran's service; and (3) the Veteran's symptoms are related to the
claimed stressor.
PTSD Diagnosed in Service - ANSWERS-When PTSD is diagnosed in
service, service connection should be granted even if the stressor
occurred prior to service.
Competency - ANSWERS-According to 38 CFR 3.353, rating agencies
have sole authority to make official determinations of competency and
incompetency. The incompetency determination process has three
stages: competency, propose incompetency and final rating of
incompetency. VA considers everyone to be competent unless there is
clear and convincing evidence to the contrary.
Decision Review Operations Centers (DROC) - ANSWERS-responsible
for processing legacy appeals, Board of Veterans' Appeals (Board)
remands, Board grants, and higher-level reviews (HLR). The DROCs
are under the jurisdiction of the Office of Administrative Review (OAR)
END OF
PAGE
3
, VA ACCREDITATION LATEST
EXAM
De Novo (Legacy) - ANSWERS-new and complete review of the
appealed issue with no deference given to the decision being appealed.
An appellant has a right to a de novo review of his/her claim if he/she
files a timely NOD with the decision on a benefit claim, and either
requests a de novo review:
at the time of submission of the NOD, or
within 60 days of the date VA sends the notice of the right to a de novo
review.
De Novo (AMA) - ANSWERS-available during the higher-level review
(HLR) lane. A more experienced VA employee (higher-level reviewer)
with full difference of opinion authority takes a second look at the same
evidence.
CUE - ANSWERS-exists if all three of the following requirements are
met:
1) either the correct facts, as they were known at the time, were not
before the adjudicator, (e.g., the adjudicator overlooked them) or the
statutory or regulatory provisions extant at the time were incorrectly
applied,
2) the error must be the sort which, had it not been made, would have
manifestly changed the outcome at the time it was made, and
END OF
PAGE
4
EXAM
Hepatitis - ANSWERS-Actions taken when claim for Hepatitis is
received:
-The flash is updated to reflect the Veteran's claim of Hepatitis C
-VA develops for the risk factors of Hepatitis C
PTSD Eligibility Criteria - ANSWERS--Medical evidence establishing a
diagnosis
-Credible supporting evidence that in-service stressor occurred
-A nexus (link) established by medical evidence between current
problems or symptoms and the claimed stressor
PTSD due to Combat - ANSWERS-38 CFR 3.304(f)(2), states that "if
the evidence establishes that the Veteran engaged in combat with the
enemy and the claimed stressor is related to that combat, in the absence
of clear and convincing evidence to the contrary, and provided that the
claimed stressor is consistent with the circumstances, conditions, or
hardships of the Veteran's service, the Veteran's lay testimony alone may
establish the occurrence of the claimed in-service stressor."
END OF
PAGE
1
, VA ACCREDITATION LATEST
EXAM
Non-Combat PTSD, including Personal Trauma PTSD - ANSWERS-
Typical non-combat stressors include, but are not limited to:
-Plane crashes
-Ship sinking
-Explosions
-Medic/burn ward/graves registration unit
non-combat Veteran's testimony alone does not qualify as "credible
supporting evidence" of the incurrence of in-service stressors
Personal Trauma PTSD (including MST) - ANSWERS-there must be
credible evidence to support the Veteran's assertion that the stressful
event occurred. This does not mean that the evidence actually proves
that the incident occurred, but that there is at least an approximate
balance of positive and negative evidence that the event did occur.
PTSD due to Hostile Military or Terrorist Activities - ANSWERS-
Elimination of the requirement for corroborating evidence of the claimed
in-service stressor if it is related to the Veteran's "fear of hostile military
or terrorist activity."
END OF
PAGE
2
, VA ACCREDITATION LATEST
EXAM
The new regulatory provision requires that: (1) A VA psychiatrist or
psychologist, or contract equivalent, must confirm that the claimed
stressor is adequate to support a diagnosis of PTSD; (2) the claimed
stressor is consistent with the places, types, and circumstances of the
Veteran's service; and (3) the Veteran's symptoms are related to the
claimed stressor.
PTSD Diagnosed in Service - ANSWERS-When PTSD is diagnosed in
service, service connection should be granted even if the stressor
occurred prior to service.
Competency - ANSWERS-According to 38 CFR 3.353, rating agencies
have sole authority to make official determinations of competency and
incompetency. The incompetency determination process has three
stages: competency, propose incompetency and final rating of
incompetency. VA considers everyone to be competent unless there is
clear and convincing evidence to the contrary.
Decision Review Operations Centers (DROC) - ANSWERS-responsible
for processing legacy appeals, Board of Veterans' Appeals (Board)
remands, Board grants, and higher-level reviews (HLR). The DROCs
are under the jurisdiction of the Office of Administrative Review (OAR)
END OF
PAGE
3
, VA ACCREDITATION LATEST
EXAM
De Novo (Legacy) - ANSWERS-new and complete review of the
appealed issue with no deference given to the decision being appealed.
An appellant has a right to a de novo review of his/her claim if he/she
files a timely NOD with the decision on a benefit claim, and either
requests a de novo review:
at the time of submission of the NOD, or
within 60 days of the date VA sends the notice of the right to a de novo
review.
De Novo (AMA) - ANSWERS-available during the higher-level review
(HLR) lane. A more experienced VA employee (higher-level reviewer)
with full difference of opinion authority takes a second look at the same
evidence.
CUE - ANSWERS-exists if all three of the following requirements are
met:
1) either the correct facts, as they were known at the time, were not
before the adjudicator, (e.g., the adjudicator overlooked them) or the
statutory or regulatory provisions extant at the time were incorrectly
applied,
2) the error must be the sort which, had it not been made, would have
manifestly changed the outcome at the time it was made, and
END OF
PAGE
4
