Military Veterans' Lawyer Blog
There is an automatic 50% rating for PTSD – but it’s not for everyone, and it’s not permanent. Policy 38 CFR 4.129 states:
“When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran’s release from active military service, the rating agency shall assign an evaluation of not less than 50% and schedule an examination within the six-month period following the veteran’s discharge to determine whether a change in evaluation is warranted” (Authority: 38 U.S.C. 1155).
Simply stated, if you are discharged from duty, specifically because PTSD from a known service-related event has made it difficult for you to function at full capacity, you will automatically receive at least a 50% rating for up to 6 months, without further evidence required. However, before the 6 months expire, the veteran will need to be evaluated by a medical professional who is qualified to make a diagnosis of PTSD and rate the level of social and occupational impairment. Though social impairment is a factor, the main criterion for the VA is occupational impairment: how well can you work and support yourself.