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Berta

New Ptsd Regs

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This is GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

NOVA petitions the Court because the rule, as revised, established an arbitrary requirement that under certain conditions only Department of Veterans  Affairs ("VA") examiners can corroborate a stressor which a veteran claims caused his or her Post-Traumatic Stress Disorder ("PTSD").

Contrary to law, the Secretary failed to provide any basis for such a fundamental change to the longstanding acceptance of diagnoses  from qualified private examiners, and indeed there is no such basis. The Secretary thus exceeded his authority and promulgated an arbitrary rule elevating the opinion of a VA examiner over a private examiner.  This action threatens to harm vulnerable claimants who are being privately treated for PTSD but who are unable to persuade a VA-appointed examiner of the merits of their claim.

http://www.vawatchdog.org/10/nf10/nfsep10/nf092010-1.htm

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This is GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Berta,

Exactly what we've been in disagreement with, since the new reg came out.

Hopefully this part of the change will now get squashed.

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I just heard that PVA is also challenging these new regs----YIPPEE!!!!!

if a veteran has a bonafide PTSD diagnosis from a real doctor -ooops I mean a private non- VA shrink-

and their claim is consistent as to the stressor stuff in the new regs-

or proven any other way ( PH ,CAR, CIB on DD 214)etc

and then some VA shrink says they DONT have PTSD- this independent diagnosis (with full medical rationale) should stand as probative evidence and be weighed by the VA accordingly and then warrant Benefit of Doubt. (meaning the veteran DOES have PTSD).

This part of the reg has got to be changed.(I call them new PTSD regs but,in essense, the new 'regs' are in fact an amendment.

They should be amended again.They deny valid PTSD vets claims -coming under the new criteria- to rise to the level of Relative Equipoise - and that means they are crapping on our rights under 38 USC.

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I think this is one of the most important legal issues veterans have today-the new PTSD regulations.

This is updated info from Rich Cohen of NOVA-he graciously just sent me the consolidated petition adding PVA and also Veterans of Modern Warfare , and National Veterans Legal Services Program to the petition filed with the Court on November 19th 2010.

This is a Biggy.

NOVA consolidation PTSD regs.pdf

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What I don't like is the new way is that it mandates the VA to say yes and outside medical opinion and other evidence may not count.

I am glad it is challenged but I see mostly more confusion and delays coming from this.

I remember when the PVA challenged AMC doing claims from the start what a mess that made.

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