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ptsd Eliminate Processing Ambiguity Relating To Ptsd Claims
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Question
allan
Eliminate processing ambiguity relating to PTSD claims
Date: Jun 10, 2011 9:09 AMhttp://militaryadvantage.military.com/2011/06/fearbasedptsdcriteriaexplained
/#ixzz1OplsLIlE
http://www.scribd.com/doc/56836424/CPServiceBulletinApril2011 Go to web
site
A recent VA Compensation Service Bulletin sought to eliminate processing
ambiguity relating to PTSD claims. Regional Offices nationwide have been
largely critiqued because of erratic application of rating criteria. The
current bulletins are intended in part to decrease the overall 23 percent of
botched claims processing.
Anyone paying attention to veterans' issues has heard horror stories from
veterans who attempted to gain service connection for PTSD despite
possessing medals and records showing their unit came under hostile fire in
Iraq and Afghanistan. My friend Jim is one of these. Once denied, many of
these veterans give up on the appeals process because it forces them to
revisit the trauma every time the issue is revisited.
If you are one of these veterans or know one who is, here's what you need to
know about the bulletin and how it can affect your claim for disability
compensation.
First, the 2010 change to the VA regulation governing PTSD disability claims
is intended to encompass all PTSD situations from military service. This
means veterans who were assaulted, either sexually or physically, while on
active duty may be eligible for this benefit if the stressor is documentable
or contained somewhere within their service medical records. The regulation,
38 CFR 3.304(f)(3) also allows for the veteran's lay statement to satisfy
the establishment of an "occurrence" under specific criteria. The occurrence
must be:
. "related to fear of hostile military or terrorist activity, and
. a VA psychiatrist or psychologist, or contract equivalent, confirms that
the claimed stressor is adequate to support a diagnosis of PTSD, and
. the veteran's symptoms are related to the claimed stressor."
This solution seems relatively straightforward; however, the jury is out as
to how well the VA is implementing the criteria.
Second, the process may prove lengthy because the VA has implemented a
casebycase review of the facts surrounding each claim. The VA claims
representative will need to verify that the facts given by the veteran are
true, including duty locations and service or campaign medals, prior to the
veteran being scheduled for an exam. Thus, certain medals are now sufficient
to schedule a PTSD examination. For example, VA Compensation has concluded
that a veteran's receipt of the Vietnam Service Medal or Vietnam Campaign
Medal is sufficient proof that the veteran service in a hostile military
environment. This also includes veterans aboard ships in "blue water."
Therefore, veterans with either of these medals should be able to pass the
first threshold of proving the occurrence. Once the claim is verified, an
examination should be scheduled.
Third, veterans who have already been denied service connection for PTSD,
but who have evidence similar to that discussed above may wish to reevaluate
their initial claim and/or denial. Those veterans with old disabilities may
want to revisit their condition for an increase. Either way, the process
starts by knowing what is within your claims file. See "Beat Denials &
Lowball Ratings" to begin researching your own claim. The first step is
filing a Freedom of Information Act (FOIA) request for your file. The second
should be finding a quality Veterans Service Officer or Veterans Law
attorney in your area who you trust.
Read more:
http://militaryadvantage.military.com/2011/06/fearbasedptsdcriteriaexplained
/#ixzz1OtAG2nl9
MilitaryAdvantage.Military.com
Read more:
http://militaryadvantage.military.com/2011/06/fearbasedptsdcriteriaexplained
/#ixzz1Ot8eZhVQ
MilitaryAdvantage.Military.com
From: Fletcher, Robert
Sent: Friday, June 10, 2011 10:08 AM
To: Colonel Dan
Subject: FW: PTSD claims (UNCLASSIFIED)
Subject: PTSD claims
__._,_.___ "Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
http://www.angelfire.com/il2/VeteranIssues/
http://www.facebook.com/dan.cedusky
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