Proof of an in-service stressor for post-traumatic stress disorder (PTSD) is not required for military medical retirement claims. Rather service-connection is presumed if symptoms emerged while the veteran was in service.
In Ford v. United States, 170 Fed. Cl. 300 (2024), the Court of Federal Claims held that VA proof standards for PTSD do not apply to military medical retirement claims. The Court also held that the Board for Corrections of Navy Records (BCNR) was required to apply the same standards for adjudicating disability retirement claims as would be applied by a Physical Evaluation Board. This is primarily whether the veteran could perform his or her common military tasks at time of separation. There are additional factors that must be considered as well, including deployability and danger to self or others.
The BCNR rarely (if ever) conducts the required analysis. The Ford decision was announced on August 6, 2024.
In Ford v. United States, 170 Fed. Cl. 300 (2024), the Court of Federal Claims held that VA proof standards for PTSD do not apply to military medical retirement claims. The Court also held that the Board for Corrections of Navy Records (BCNR) was required to apply the same standards for adjudicating disability retirement claims as would be applied by a Physical Evaluation Board. This is primarily whether the veteran could perform his or her common military tasks at time of separation. There are additional factors that must be considered as well, including deployability and danger to self or others.
The BCNR rarely (if ever) conducts the required analysis. The Ford decision was announced on August 6, 2024.