Change would streamline PTSD claims for vets

[CommunityEditor]

The Department of Veterans Affairs is moving closer to simplifying the process for many non-combat veterans filing claims for service-connected post-traumatic stress disorder.

Under a proposed change published in the Aug. 24 Federal Register, VA would eliminate a requirement that a veteran must provide evidence documenting that he witnessed or experienced a traumatic event. Certain veterans, including those who engaged in combat with the enemy, and those who were prisoners of war, already are exempt from the documentation requirement.

The proposed change also does not apply exclusively to those who served in combat zones. It refers to traumatic events that are “consistent with the places, types and circumstances of the veteran’s service.”

A psychiatrist or psychologist must confirm that the traumatic event is adequate to support a diagnosis of PTSD and that the veterans’ symptoms are related to the traumatic event, according to the proposed change.

It is hoped the move also will simplify the process for VA and reduce its benefits claims backlog. VA will accept comments on the proposed change by Oct. 23, but information was not immediately available about how long it would take after that to put the new rules in place.

The change was agreed to more than 17 months ago by then-VA Secretary Dr. James Peake, at the request of Sen. Daniel Akaka, D-Hawaii.

A veteran’s own testimony alone may be enough to establish that the traumatic event happened, without corroborating evidence. According to the Federal Register notice, a veteran’s lay testimony is already sufficient in cases in which PTSD was diagnosed during military service and the traumatic event is related to that service; or in cases in which the veteran engaged in combat with the enemy or was a prisoner of war, and the traumatic event was related to that experience.

But in all other claims for service-connected PTSD under current rules, VA regulations require supporting evidence corroborating the traumatic event. The change eliminating this requirement will especially help people in combat support jobs, such as nurses, doctors and truck drivers, who may suffer from PTSD without necessarily experiencing direct combat, veterans advocates said.

Current rules require a veteran to provide written verification, such as a statement from a commander or doctor, or testimony from co-workers, that she was involved in a traumatic situation to receive disability compensation for PTSD from VA.

Article: http://www.militarytimes.com/news/20...Drule_082509w/

[VFFSSGT]

Yeah, I am sure this will not be abused...

[CommunityEditor]

The Department of Veterans Affairs is moving closer to simplifying the process for many veterans to link post-traumatic stress disorder to their military service, whether in a war zone or not, which opens the door for disability benefits.

Under a proposed change published in the Aug. 24 Federal Register, VA would eliminate a requirement that in order to be approved for disability benefits for PTSD, veterans must provide evidence to prove they witnessed or experienced a traumatic event linked to their military service, to include eyewitness corroboration and other documentation.

Under the new policy, VA would accept a veteran’s own testimony. “This will allow us to pay benefits much faster,” said Brad Flohr, VA’s assistant director for policy for compensation and pensions.

Certain veterans, including prisoners of war and those who engaged in combat, already are exempt from the documentation requirement. In a change that took effect earlier this year, those diagnosed with PTSD while still on active duty also do not have to provide this documentation to qualify for VA benefits.

The proposed change is aimed in large part at the many troops in the current wars whose jobs do not involve combat with the enemy but nonetheless may experience traumatic events that lead to PTSD, such as combat support personnel and health care providers.

Some studies estimate that as many as 20 percent of service members returning from Iraq and Afghanistan have PTSD or symptoms of the disorder.

But the new policy would not apply only to those who served in combat zones. It refers to traumatic events “consistent with the places, types and circumstances of the veteran’s service.”

A psychiatrist or psychologist must still confirm that the traumatic event is adequate to support a diagnosis of PTSD and that the veteran’s symptoms are related to the traumatic event, according to the proposed change.

Veterans advocates hope that the new rules will resolve many pending disability claims for PTSD and help reduce VA’s large backlog of benefits claims.

VA will accept comments on the proposed change through Oct. 23. Depending on the nature and number of comments received, officials hope to implement the rule by early next year, Flohr said.

According to the Federal Register notice, a veteran’s lay testimony is already sufficient in cases of PTSD diagnosed during military service that was caused by a traumatic event related to that service; or in cases in which a veteran engaged in combat or was a prisoner of war, and the trauma was related to that experience.

The new policy recognizes that PTSD stems from other experiences besides combat, such as sexual assault, said John Maki of Disabled American Veterans.

“In many instances, people have a diagnosis of PTSD but don’t have the evidence, like a combat citation or a wound,” Maki said.

VA sometimes must spend much time and effort to research a veteran’s PTSD claim, he said, such as possibly requesting a unit’s records to show where it was and what it was doing.

The proposed change would give veterans the benefit of the doubt, he said. “If the veteran tells a consistent story about what happened, and it’s compatible with what was going on in that area, it can be adjudicated without other documentation,” Maki said.


Article: http://www.militarytimes.com/benefit...SD_VA_090109w/

Does anyone know how this bill will affect widows whose husbands died before their claim was approved.? My late husband had confirmed military related ptsd but could not prove his stressor. His DD214 was in error.
It was void of the CAR and had an incorrect MOS. After he died, I got the amened DD214 and then requested his records from St. Lewis which showed his correct MOS of 0331. I have since filed a claim for accrued benefits, which were denied but I am appealing. I also filed CUE because the VA never attempted to verify what my husband repeatedly told them.

All help appreciated!

[dbeausoleil]

I served in Iraq, suffered a seizure while on a scouting mission, was MEDEVAC'd w/head trauma to Mosul, then, during the deadliest month of the war, November, 2004, attempted to make my way back to my unit in an unarmored column w/a green unit, 2 weeks in country, never outside of the wire. We made it 3 klicks through Mosul before we were hit by an IED. Left in charge of the kill zone w/no officers, no radios, two dead, two wounded two burning trucks and two shrapnel damaged trucks, I encountered the bad guys and, looking around at kids that joined for the college plan, I didn't engage. PTSD of charcoal soldiers sitting on park benches asking why I let them go followed me from the war. Five years later, it turns out I take fistfulls of pills for arm/shoulder/neck nerve damage and chronic pain from untold numbers of 'combat rolls' and 12on/12off endless security patrols as the first MP of FOB Speicher. The VA, who is currently evaluating me for neck surgery and has had me under treatment for 3 years, recently totally denied my disability claim at the same time both the medical command of the MD national guard and the VA clearly stated my injuries were 'service connected.' My unit, the 167th CSG, commanded by COL Gordon Mackenzie dishonored the uniform by not even replying to my certified letter asking for recognition for my combat action. My senator, Ben Cardin, sent a canned reply to my congressional that I should have 'filled out paperwork and gotten two witnesses' while I was trying to keep my troopers alive. My direct chain of command, LTC James Drew, 'remembered the incident,' but did nothing to get me the recognition I needed for the VA. When my claim came back disapproved, it actually said it was denied because 'I didn't have a badge.' In January 2009, my MP unit was activated to protect the President at the inauguration. I was medically evaluated and recommended for a medical board retirement to ensure I "get my service connected' rating for my injuries. My unit, the 115th MP BN of the MD NG failed to put me on medical hold and my contract ended one week before the inauguration. I'm not even retired. After 27 years, I can't walk into a PX or exchange. I'm just forgotten. The only bright spot of all this is that I attended the CinC inauguration ball with the other wounded warriors from Walter Reed and met several Medal of Honor recipients who, when the time came, did the honorable thing. Meanwhile, back at my civilian job which I was disabled from until recently, I am using 'assistive technologies' to continue to work.

The VA doesn't necessarily need less strict guidelines. In many cases, it just needs the officers and NCO's who served to do their damn job and take care of their soldiers. They disgrace the uniform when they don't.

(frmr) SSG Dana K. Beausoleil
Forgotten, not retired

[eliselove]

It baffles me that our soldiers have to jump through so many hoops to get the help that they need. I am sure that most of the people who are using their benefits are not going to be abusing it (of course I wouldn't know for sure). I know somebody that could not get help for his PTSD from the VA and had to find alternative ways. It was heart breaking because he put his life on the line for this country just for it not to help him in return. He also felt forgotten and betrayed by the country he served for and loves so much.

[DAG48]

Originally Posted by dbeausoleil

I served in Iraq, suffered a seizure while on a scouting mission, was MEDEVAC'd w/head trauma to Mosul, then, during the deadliest month of the war, November, 2004, attempted to make my way back to my unit in an unarmored column w/a green unit, 2 weeks in country, never outside of the wire. We made it 3 klicks through Mosul before we were hit by an IED. Left in charge of the kill zone w/no officers, no radios, two dead, two wounded two burning trucks and two shrapnel damaged trucks, I encountered the bad guys and, looking around at kids that joined for the college plan, I didn't engage. PTSD of charcoal soldiers sitting on park benches asking why I let them go followed me from the war. Five years later, it turns out I take fistfulls of pills for arm/shoulder/neck nerve damage and chronic pain from untold numbers of 'combat rolls' and 12on/12off endless security patrols as the first MP of FOB Speicher. The VA, who is currently evaluating me for neck surgery and has had me under treatment for 3 years, recently totally denied my disability claim at the same time both the medical command of the MD national guard and the VA clearly stated my injuries were 'service connected.' My unit, the 167th CSG, commanded by COL Gordon Mackenzie dishonored the uniform by not even replying to my certified letter asking for recognition for my combat action. My senator, Ben Cardin, sent a canned reply to my congressional that I should have 'filled out paperwork and gotten two witnesses' while I was trying to keep my troopers alive. My direct chain of command, LTC James Drew, 'remembered the incident,' but did nothing to get me the recognition I needed for the VA. When my claim came back disapproved, it actually said it was denied because 'I didn't have a badge.' In January 2009, my MP unit was activated to protect the President at the inauguration. I was medically evaluated and recommended for a medical board retirement to ensure I "get my service connected' rating for my injuries. My unit, the 115th MP BN of the MD NG failed to put me on medical hold and my contract ended one week before the inauguration. I'm not even retired. After 27 years, I can't walk into a PX or exchange. I'm just forgotten. The only bright spot of all this is that I attended the CinC inauguration ball with the other wounded warriors from Walter Reed and met several Medal of Honor recipients who, when the time came, did the honorable thing. Meanwhile, back at my civilian job which I was disabled from until recently, I am using 'assistive technologies' to continue to work.

The VA doesn't necessarily need less strict guidelines. In many cases, it just needs the officers and NCO's who served to do their damn job and take care of their soldiers. They disgrace the uniform when they don't.

(frmr) SSG Dana K. Beausoleil
Forgotten, not retired

Fight this, please don't let the Military Screw you out of your benefits. Here is a link to a (non government) website that can act as a support group and maybe provide some help/answers. ( http://www.pebforum.com/forum.php ) If you have already heard of these guys, then maybe your story will motivate other vets who are in the same boat so to speak.

Military Disability Compensation is for loss of your Military Career, while VA Disability Compensation is for loss of you Civilian Wages as a result of your Service Connected Disabilities. When we earn both, we deserve both. It is not an "entitlement", in fact the courts have ruled the U.S. Government can be sued for statutory payments from both the Military and VA Disability Compensation programs.

[sergeant wife indiana]

my husband seeks VA counseling for PTSD which the VA is an hour and fifteen minutes away but they are so booked full there and it was time for his appt and he had to work so we went to reschedule and they said they were booked for another 10 weeks so he's been waiting since July. kind of hard to get the treatment you need when they don't have the services to accomodate them all.

[lestweforget]

For anyone having issues with their care you must be your own best advocate or have some to advocate for you. The VA is overwhelmed and sometimes you have to work around the system to get the best care you can. The VA has what is called Fee Basis care and you can read more about that on the VA website at: http://www.nonvacare.va.gov/ Due to distance and problems with getting timely appointments we currently use fee basis in order to see a civilian doctor for PTSD treatment.

Also Give and Hour, www.giveanhour.org has a listing of therapists in your area that will see you for free. We use the Give and Hour services for weekly therapy/counseling and the hours work for my husband due to his job.

Do not give up, community resources are there but sometimes you have to dig for them. Keep on the VA if you are having difficulty and a good veterans advocate helps to.

Lest We Forget
PTSD Family and Military Support Group
lestweforgetptsdsupport.org

[Hairy_Donut]

I was diagnosed with PTSD by the VA shrinks in 2008 , but the funny part was they told me not too use the VA. Too use my Tricare insurance and see a civillian Dr. Told me I would get good care there that the VA was maxed out,