This came up this AM in a different reply I made but Clemons is why I often say here-dont lock yourself into a PTSD claim,if you do not fall under the 2010 regulations—
There are many types of MH issues that would get a VA diagnosis that is service connectable, with proof of inservice events,accidents, etc etc, that would not fall under the “hostile proximity ,enemy fire etc etc ) clause of the 2010 regulations. The compensation and rating schedule is the same for all MH disorders.
Clemons was discussed her in the past and derives from common sense ( that VA does not have unless they are provoked into using it)
Anyone with a MH condition is not always qualified to really diagnose themselves, and then if they file a claim for PTSD, thinking they have PTSD- meaning they could claim PTSD but instead might well have another type of MH issue, such as depression, etc etc, A VA MH professional could find they do not have PTSD, and do not fall under the 2010 regs as to proximity to the enemy etc…and the PTSD claim would be denied unless the VARO properly considers that Clemons covers many MH disorders.
It is best to claim PTSD, and any other mental disability, reasonably encompassed , by the medical evidence , in order to make sure the VA properly characterizes the claim….why wait for years to get a BVA remand, for that. I suggest citing Clemons right from the git go, unlerss your stressor proof is obvious and can be conceded without any challenge.
and many more ‘re characterized MH disabilities that did get awarded for SC.
Also see more on Clemons and other strong court cases that had been denied at RO ,BVA, (even CAVC as to the Fed Circuit Court award)as in Davidson analysis
- https://www.purpleheart.org/ServiceProgram/Training2010/19- Recent Definitive Court Decisions Handout, NVLSP.pdf
This is a brief run down on Clemons V. Shinseki by the MOPH:
But ASKNOD’s rundown is better:
More on this case is here:
These both are Clemons one is mental and one is not. What do you think?
- https://www.va.gov/vetapp11/Files1/1101052.txt This claim involves PTSD and anxiety disorder