ptsd Combat Cets With Diagnosis Of Ptsd No Longer Have To File Stressor Letter

[jessejames]

http://www.airforcetimes.com/news/2008/02/...dproof_080218w/

PTSD victims no longer need to prove trauma

By Kelly Kennedy - Staff writer

Posted : Monday Feb 18, 2008 16:45:50 EST

The Veterans Affairs Department has dumped a policy requiring combat vets to verify in writing that they have witnessed or experienced a traumatic event before filing a claim for post-traumatic stress disorder, said the chairman of the Senate Veterans’ Affairs Committee.

“This change provides a fairer process for veterans with service-connected PTSD,” Sen. Daniel Akaka, D-Hawaii, said in a written statement. It “leaves claim adjudicators more time to devote to reducing the staggering backlog of veterans’ claims.”

In the past, a veteran has had to provide written verification — a statement from a commander or doctor, or testimony from co-workers — that he or she was involved in a traumatic situation in order to receive disability compensation for PTSD from VA. The Defense Department uses the same rules in evaluating PTSD for disability retirement pay.

In Iraq, troops joke about keeping a pen and paper on hand in case they witness a shooting or explosion or are injured themselves. That way, they can run around and have all their buddies sign a quick statement saying it really happened. The joke loses steam when a Marine has to prove he was involved in a traumatizing event when he had a hand blown off in that event, or when a soldier has to prove he watched his friends die to qualify for benefits.

The rule also slows the process as veterans wait for yet more documentation before their claims may be processed.

Akaka said he asked VA Secretary James Peake if the rule was necessary, and asked that it be removed. Peake agreed.

“I am pleased that the secretary took quick action to reverse this requirement after it was brought to his attention,” Akaka said.

In the future, veterans will be diagnosed with PTSD through a medical examination with no further proof necessary, Akaka said, adding that he’s been told that Peake has already informed VA regional offices of the decision.

VA officials were not immediately available for comment Monday, a federal holiday.

[Pete53]

When you think about it why should any PTSD Veteran be held to a different standard than all the other Vets. As many of you know I have advised veterans with PTSD to consider getting rated for Depression or something they got along with PTSD its a lot easier. I think that this should hold for any Veteran diagnosed with PTSD linked to their Service or aggravated by Service.

[Berta]

just got this from Ray B Davis- Veterans Resources-his take is different than what I though this meant-

"Dear Readers,

According to Sen. Akaka, if you have a diagnosis of PTSD while in the

military? then you will no longer have to prove PTSD stressors, but

you will still have to have an exam in order to find the degree of

disability (see the information from Sen. Akaka below).

Of course if you do not have an in service diagnosis of PTSD, the VA

will still require the stressor evidence.

If you do have an in service diagnosis of PTSD and were denied

compensation because you could not prove the stressors? then you

should immediately ask to have your claim reopened.

Your editor,

Ray B Davis, Jr

http://www.valaw.org

-- start PTSD information --

February 15,

2008

(202-224-9126

VETERANS DIAGNOSED WITH PTSD ON ACTIVE DUTY NO LONGER REQUIRED TO

PROVIDE FUTHER EVIDENCE OF PTSD

Responding to Akaka's inquiry, new VA Secretary takes quick action

WASHINGTON, D.C. – U.S. Senator Daniel K. Akaka (D-HI), Chairman of

the Veterans' Affairs Committee, commended Veterans Affairs Secretary

Peake for agreeing that veterans who are diagnosed with PTSD while on

active duty should be recognized as having PTSD for VA purposes.

This decision will end VA's requirement that veterans diagnosed with

PTSD while on active duty provide additional evidence of exposure to

specific stressors during their service in order to establish their

diagnosis of PTSD. Responding to an inquiry from Chairman Akaka,

Secretary Peake has directed the VA regional offices to no longer

require such evidence but instead to immediately schedule

examinations for such veterans in order to determine the severity of

their PTSD for VA compensation purposes.

"I am pleased that the Secretary took quick action to reverse this

requirement, after it was brought to his attention," said Senator

Akaka. "This change provides a fairer process for veterans with

service-connected PTSD, and leaves claims adjudicators more time to

devote to reducing the staggering backlog of veterans' claims."

Secretary Peake notified Senator Akaka about the change this week, in

response to a January 2008 inquiry from Akaka. In his inquiry,

Senator Akaka pointed out that VA was requiring veterans already

diagnosed with PTSD during active duty to otherwise prove they had

PTSD. Senator Akaka requested that VA quickly end this practice.

http://akaka.senate.gov/

--end --"

[cowgirl]

Berta, thanks for posting. I do not agree that this was 'quick action' though.

This is mind boggling that possible prior 'denied' ptsd claims may get a second chance without the current double indemity requirement to create the stressor letter to be read by raters and who ever else can access a vets CFile. Its my hope that in not having to write a 'claims' package stressor letter a veteran diagnosed with ptsd can regain and retain a hint of dignity. Its physically and mentally exhausting to even share these type of life altering traumatic details with trained physicians.

Change takes time.

just got this from Ray B Davis- Veterans Resources-his take is different than what I though this meant-

"Dear Readers,

According to Sen. Akaka, if you have a diagnosis of PTSD while in the

military? then you will no longer have to prove PTSD stressors, but

you will still have to have an exam in order to find the degree of

disability (see the information from Sen. Akaka below).

Of course if you do not have an in service diagnosis of PTSD, the VA

will still require the stressor evidence.

If you do have an in service diagnosis of PTSD and were denied

compensation because you could not prove the stressors? then you

should immediately ask to have your claim reopened.

Your editor,

Ray B Davis, Jr

http://www.valaw.org

-- start PTSD information --

February 15,

2008

(202-224-9126

VETERANS DIAGNOSED WITH PTSD ON ACTIVE DUTY NO LONGER REQUIRED TO

PROVIDE FUTHER EVIDENCE OF PTSD

Responding to Akaka's inquiry, new VA Secretary takes quick action

WASHINGTON, D.C. – U.S. Senator Daniel K. Akaka (D-HI), Chairman of

the Veterans' Affairs Committee, commended Veterans Affairs Secretary

Peake for agreeing that veterans who are diagnosed with PTSD while on

active duty should be recognized as having PTSD for VA purposes.

This decision will end VA's requirement that veterans diagnosed with

PTSD while on active duty provide additional evidence of exposure to

specific stressors during their service in order to establish their

diagnosis of PTSD. Responding to an inquiry from Chairman Akaka,

Secretary Peake has directed the VA regional offices to no longer

require such evidence but instead to immediately schedule

examinations for such veterans in order to determine the severity of

their PTSD for VA compensation purposes.

"I am pleased that the Secretary took quick action to reverse this

requirement, after it was brought to his attention," said Senator

Akaka. "This change provides a fairer process for veterans with

service-connected PTSD, and leaves claims adjudicators more time to

devote to reducing the staggering backlog of veterans' claims."

Secretary Peake notified Senator Akaka about the change this week, in

response to a January 2008 inquiry from Akaka. In his inquiry,

Senator Akaka pointed out that VA was requiring veterans already

diagnosed with PTSD during active duty to otherwise prove they had

PTSD. Senator Akaka requested that VA quickly end this practice.

http://akaka.senate.gov/

--end --"

Edited February 19, 2008 by cowgirl

[Berta]

Very well put Cowgirl-

I have witnessed many times just how horrible it is for a PTSD vet to recount horror all over again-

the VA often wants blood and guts-and most PTSD stressors I have heard

are profoundly disturbing for the veteran to relate-of course- and for anyone listening-

I only hope that when VA reads stressor letters -they do have some compassion.

And it would be great if the stressor letter itself becomes a thing of the past.

[Guest tinchord]

Thank you for taking the time to answer, Berta.

Well...it's good information nonetheless for others! It's still progress and moving in the right direction. This is encouraging for many vets, undoubtebly.

I am an OIF vet, but not combat; just medically treated those whom were. it seems the same obstacle is in front of me...I'm dumbfounded at the process. I wished I hadn't read that post and felt some hope. Will be kicking myself for that for a while! LOL!!!

I read some other vet posts regarding their pleas and denials over years. They're strong and your support to them has been outstanding and I wish you all well. The VA's extensive history of invalidating others is enough for me to accept that I'll just have to suck it up and just get through without their help. If it's all about money for the VA, then no money is worth their "official stamp of invalidation". I'll fall and nobody the wiser. Some make it through and some don't.

Here's to the progress the VA is making and much luck to those who are strong enough to fight the process in order to help make changes for themselves and future vets.

Recount makes me fall even more uncontrollably, so I'll do the only thing I know how and at least slow down the process: Signing out of Hadit.

-mac

[Wings]

x

x

x

None of this information is NEW !!

Combat vets, by VA regulation, have never had to provide "stressor letters".

The lay testimony of a combat veteran alone may establish an in-service stressor for the purposes of establishing service connection for PTSD.

per

M21-1MR, Part IV, Subpart ii, 1.D

38 CFR 3.304(f), and

38 U.S.C. 1154(b).

The veteran’s testimony alone establishes the occurrence of the claimed in-service stressor if

the evidence of record confirms the veteran

engaged in combat, or

was a POW as defined by 38 CFR 3.1(y)

the claimed stressor is related to that episode of combat or POW experience

there is no clear and convincing evidence to the contrary, and

the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service.

References: For more information on claims for service connection for PTSD,

see

38 CFR 3.304(f), and

38 U.S.C. 1154(b), and

evidence that may be used to support a determination that a veteran engaged in combat with the enemy, see VAOPGCPREC Opinion 12-99.