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Windham Law

PTSD Claims & Your Rights

Navigating a PTSD Claim: What VA Is Actually Looking For

If you're in crisis or need to talk with someone right now, the Veterans Crisis Line is available 24/7: dial 988, then press 1, or text 838255.

PTSD claims get denied more often than they should — not usually because the condition isn't real, but because the claim wasn't built around what VA specifically requires. Here's what that means in practice.

The three things VA needs to see

Every PTSD claim has to establish three elements:

  1. 1 A current diagnosis of PTSD that meets clinical criteria
  2. 2 Credible evidence that the stressor — the in-service event — actually occurred
  3. 3 A medical nexus connecting your current symptoms back to that stressor

Miss any one of the three, and the claim is vulnerable to denial, even if the other two are well documented.

Proving the stressor doesn't always mean a paper trail

This is where a lot of claims fall apart unnecessarily. VA has built in exceptions specifically because military records don't always capture what happened:

  • Combat-related stressors: if your stressor is consistent with the circumstances of your combat service, your own testimony can be enough — no outside corroboration required.
  • "Fear of hostile military or terrorist activity": this applies even outside combat roles, if a VA (or VA-contracted) mental health provider confirms the stressor is consistent with your service and adequate to support the diagnosis.
  • Personal assault and MST: a relaxed evidentiary standard applies here too (we cover this in more depth in our MST claims post) — markers and buddy statements can fill in where an official report doesn't exist.

Source: 38 C.F.R. § 3.304(f), Direct service connection; PTSD

The C&P exam is where it often comes down to

The Compensation & Pension exam is where an examiner evaluates your diagnosis, whether your stressor is consistent with your account, and whether there's a nexus between your service and your current symptoms. A rushed exam, an examiner who doesn't ask the right questions, or a report that doesn't reflect the full picture is one of the most common — and most appealable — reasons a PTSD claim gets denied or underrated.

Why this is personal for how we practice

Attorney Windham spent years as an inpatient psychotherapist before becoming a lawyer, working directly with patients carrying the weight of service-connected mental illness. That background changes how we read a C&P exam report, how we talk to clients about what happened to them, and how we build the medical case for connection — not just the legal one.

If your PTSD claim was denied or underrated

A denial usually points to a gap in one of the three elements above — not that your condition isn't real or service-connected. That gap is often fixable. Learn more about our PTSD and MST claims work, or compare your appeal options.

You deserve to be heard.

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Individual case results do not guarantee future outcomes for any other client.