SUMMARY
This chapter is excerpted from the award winning 2018 edition of Veterans, Military Servicemembers, and the Law, a resource developed in conjunction with the Military and Veterans Law Section. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 11
PTSD AND TBI: ISSUES IN ADMINISTRATIVE AND CRIMINAL FORUMS
Erica Naito-Campbell
Douglass T. Macellven
§ 11.1 INTRODUCTION
§ 11.2 ETHICS OF REPRESENTING CLIENTS WITH PTSD AND TBI
§ 11.3 INITIAL CLAIM PROCESS OVERVIEW
§ 11.4 APPEALS PROCESS OVERVIEW
§ 11.5 EVIDENCE AND DOCUMENTATION IN SUPPORT OF CLAIMS
§ 11.6 PTSD DISABILITY CLAIMS
§ 11.6-1 In-Service Disease, Injury, or Event
§ 11.6-2 Current Diagnosis of Injury or Illness
§ 11.6-3 Nexus between First and Second Elements
§ 11.6-4 Determination of Severity Level
§ 11.6-5 Individual Unemployability
§ 11.6-6 Appeals Based on PTSD Claims
§ 11.7 MILITARY SEXUAL TRAUMA
§ 11.7-1 Requirements of an MST Claim
§ 11.7-2 Cases of MST with Preexisting PTSD
§ 11.8 TBI DISABILITY CLAIMS
§ 11.8-1 In-Service Stressor
§ 11.8-2 Current Diagnosis
§ 11.8-3 Nexus between Current Diagnosis and Stressor
§ 11.8-4 Calculating Severity with Multiple Illnesses
§ 11.8-5 Conclusive Service-Connected Secondary Diseases Resulting from TBI
§ 11.8-6 Foundations for Appeal
§ 11.9 CRIMINAL JUSTICE SYSTEM AND VETERANS WITH PTSD AND TBI
§ 11.9-1 Veterans’ Treatment Court
§ 11.9-2 Criminal Court
§ 11.10 SUMMARY