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New Ptsd Regs

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Berta

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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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Yes- I agree with Carlie and John.

When did you file this claim?

I think you might fall into the new PTSD criteria here at hadit.

If so the VA has to consider the new criteria.

"I have a PTSD diagnosis from a civilian MD Psychiatrist, but my C&P examiner (psychologist) stated that I had many PTSD symptoms, but none were "severe" enough to warrant a full diagnosis of PTSD"

I raised this type of stuff with Congressman Filner some time ago- (Chairman H VAC) and have continued to

look into this-

The new PTSD regs do not allow evidence from an independent Mental Health provider to even be considered by the VA under the new regs.

My Dec 1 post here shows veterans advocates are taking action to correct what I firmly consider to be a major violation of our rights in 38 USC, perpetrated by the wording of the new PTSD regs.

"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.

Attached File(s)

* Attached File NOVA consolidation PTSD regs.pdf (49.62K)

Number of downloads: 14 "

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Yes- I agree with Carlie and John.

When did you file this claim?

I think you might fall into the new PTSD criteria here at hadit.

If so the VA has to consider the new criteria.

Hi Berta - I filed my claim on 30 August 2010. I did not even have a diagnosis of PTSD when I filed the claim. I went to a civilian MD Psych on 18 Oct 10 (two days before my PTSD C&P on 20 Oct 10 at the Dallas VAMC) and he Dx'd me with MDD, PTSD, and Anxiety Disorder. I will say that the civilian MD Psych's Dx wasn't exactly "by the book" according to the DMS-IV critera, so that may also have been an issue, but his medical credentials should prove that he's not some fly-by-night-quack that's just handing out psych evaluations.

I am going to another civilian Psych that specializes in PTSD Dx and have another evaluation just to make sure that I have a valid "DMS-IV approved" diagnosis and will send that down to the VARO to add to my packet. I also have my first MH appointment with the VA on the 14th of December and will add that to my packet as well. From what I can tell on eBenefits, my case is still in the development phase and they are trying to vailidate my statements of panic attacks while I was in Iraq by my medical records at various Troop Medical Clinics.

Thanks for the reply!

OEF 21B

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OEF 21B,

I agree with your friend - just wait for now.

The very first step is to get service connection granted.

The second and third steps are the right percentages and the right effective dates.

You can't argue percentage granted or effective date prior to the

disability being SC'd.

Hi Carlie - Does the VA consider when the symptoms started for back-pay consideration?

I thought that if I'm SC'd and an award is made, that the "effective date" is the date that I submitted my claim... in my case, that would be 30 Aug 10. I stated that my symptoms first started in the fall (Aug/Sep 2008) during my last OEF tour on my claim.

Thanks,

OEF 21B

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As I posted, I would just wait for the decision.

Then if you have questions on effective date assigned or percentage

they could be answered. No way to accurately answer without a decision.

JMHO

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As I posted, I would just wait for the decision.

Then if you have questions on effective date assigned or percentage

they could be answered. No way to accurately answer without a decision.

JMHO

Thanks! Still patiently waiting... :rolleyes:

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