(a) If the diagnosis of a mental disorder does not conform to DSM-5 or is not supported by the findings on the examination report, the rating agency shall return the report to the examiner to substantiate the diagnosis. Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), American Psychiatric Association (2013), is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Department of Veterans Affairs must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available from the American Psychiatric Association, 1000 Wilson Boulevard, Suite 1825, Arlington, VA 22209-3901, 703-907-7300, http://www.dsm5.org. It is also available for inspection at the Office of Regulation Policy and Management, Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this information at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_publications.html.
(b) If the diagnosis of a mental disorder is changed, the rating agency shall determine whether the new diagnosis represents progression of the prior diagnosis, correction of an error in the prior diagnosis, or development of a new and separate condition. If it is not clear from the available records what the change of diagnosis represents, the rating agency shall return the report to the examiner for a determination.
(Authority: 38 U.S.C. 1155)
[61 FR 52700, Oct. 8, 1996, as amended at 79 FR 45099, Aug. 4, 2014]
Notes of Decisions
Cited in
170
cases (
14 in the last 5 years), 1993–2025 · leading case:
Cohen v. Brown, 10 Vet. App. 128 (Vet. App. 1997).
Cohen v. Brown, 10 Vet. App. 128 (Vet. App. 1997).
· cites it 5× “When this ease began in 1989 and at the time of oral argument in this case, VA regulations in 38 C.F.R. § 4.125 (1989) and (1995) relating to mental disorders in general had adopted the nomenclature of the 1980 third edition of the DSM (DSM-III); however, the DSM had been…”
Martinez-Bodon v. McDonough, 28 F.4th 1241 (Fed. Cir. 2022).
· cites it 7× “Because we agree with the Veterans Court that 38 C.F.R. §§ 4.125 (a) and 4.130 require a DSM–5 diagnosis as a precondition to compensate a mental condition, we affirm.”
Duran v. Brown, 7 Vet. App. 216 (Vet. App. 1994).
· cites it 2× “Although 38 C.F.R. § 4.125 (1993) purportedly adopts the nomenclature of the 1980 edition of the DSM-III, that reference appears to be outdated.”
Dunn v. West, 11 Vet. App. 462 (Vet. App. 1998).
“*466 In October 1996, while the appellant’s claim was pending appeal to the Court, the Secretary modified 38 C.F.R. §§ 4.125 through 4.130 (regulations governing PTSD) and adopted a more liberal definition of stressors capable of producing PTSD.”
Zarycki v. Brown, 6 Vet. App. 91 (Vet. App. 1993).
“See 38 C.F.R. § 4.125 (1993). According to DSM-III-R, the “essential feature” of PTSD is “a psychologically distressing event that is outside the range of usual human experience.”
West v. Brown, 7 Vet. App. 70 (Vet. App. 1994).
“at 98-99 ; see also 38 C.F.R. § 4.125 (1993). The Zarycki Court did not address whether the BVA may or may not, in all instances, render a determination regarding the sufficiency of a stressor absent independent medical evidence.”
Sanchez-Navarro v. McDonald, 27 Vet. App. 1380 (Fed. Cir. 2014).
· cites it 2× “In order to succeed on his claim, Sanchez-Navarro was required to establish (1) “medical evidence diagnosing the condition in accordance with [ 38 C.F.R. § 4.125 (a)]”; (2) “a link, established by medical evidence, between current symptoms and an in- service stressor”; and (3)…”
Ephraim v. Brown, 5 Vet. App. 549 (Vet. App. 1993).
“38 C.F.R. § 4.125 (1992). Therefore, it is clear that a general claim for service connection for a “nervous disorder” may include issues of entitlement to any number of specific nervous or mental disorders, and that, under the above-quoted regulations and precedents, the RO and…”
Wisner v. West, 12 Vet. App. 330 (Vet. App. 1999).
“Appellant Abbs asserts that the Board was unreasonable in failing to apply 38 C.F.R. §§ 4.125 (b) and 4.128 (1996), VA regulations dealing with changes in diagnoses of mental disorders and convalescence ratings following extended hospitalization, respectively.”
Molitor v. Shulkin, 28 Vet. App. 397 (Vet. App. 2017).
“304 (f)(5), VA also acknowledges, by express incorporation of the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), into its regulation regarding diagnosis of mental disorders, 38 C.F.R. § 4.125 (2016), that “there may be a delay of months, or even…”
— 38 C.F.R. § 4.125(a) — 3 cases
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