ptsd 2006 Ptsd Report From National Veterans Legal Sevices

[free_spirit_etc]

Army vv -

I ran across this in my research. Thought you might want to add it to your arsenal. :o

http://www.iom.edu/File.aspx?ID=35667.

In case the link doesn't work - it is called: PROBLEMS FACED BY VETERANS IN OBTAINING

DISABILITY COMPENSATION FROM

THE DEPARTMENT OF VETERANS AFFAIRS

FOR POST TRAUMATIC STRESS DISORDER

______________________________________

BARTON F. STICHMAN

JOINT EXECUTIVE DIRECTOR

NATIONAL VETERANS LEGAL SERVICES PROGRAM

June 6, 2006

It looks like it has LOTS of good tips :P such as:

"3.6.2 Summary of the Three Requirements to Qualify for Disability Compensation

The adjudication of claims for service connection of PTSD can be complex because there are numerous

regulations, Court cases, and Manual M21-1 provisions that must be applied if proper adjudication is to take

place. VA regulations and Manual M21-1 provisions on PTSD have been amended several times in recent

years to reflect new Court decisions and the adoption of the DSM-IV. When the law changes while a

claim is pending before the VA regional office or Board of Veterans’ Appeals, the veteran is sometimes

entitled to have the claim adjudicated under the most favorable version.1 This Manual primarily discusses

the PTSD regulations and Manual M21-1 provisions existing as of the date of this Manual’s publication.

Advocates should remember to consider whether a previous version of a regulation or Manual M21-1

provision was in effect while the claim was pending before the VA or the Board of Veterans’ Appeals

and, if so, which version is more favorable in a particular case."

"Once the veteran has submitted a medical diagnosis of PTSD, the ability of the VA to deny the claim for

not showing a current disability is limited. Unless the record contains medical evidence directly contradicting

this diagnosis of PTSD, the VA must accept that the stressor described by the veteran to the examiner was

medically sufficient to support a diagnosis of PTSD and that the veteran’s symptoms were adequate for the

examiner to diagnose PTSD.18 If the VA doubts whether the described stressors were sufficient to cause

PTSD or the adequacy of the symptomatology described in the diagnostic report, VA must comply with VA

regulations by taking one of two courses of action: either put aside the doubts and accept the medical report

as sufficient for rating purposes, or return the medical report for clarification (not necessarily to the original

examiner).19 If clarification is not provided when the report is sent back, the VA must either return the

examination report again or obtain independent medical evidence concerning the issue.20 The bottom line is

that the VA cannot reject a competent diagnosis of PTSD without an adequate statement of reasons or bases

for its decision and unless it can point to other medical evidence in the record to support its conclusion that

the veteran does not have PTSD.21

**Advocacy Tip** The mental examination report should not express an opinion as to whether

the veteran’s claimed in-service stressors have been adequately substantiated. Whether or not the

veteran experienced the specific event claimed as a stressor is not a medical matter but a factual

issue for determination by the Board of Veterans’ Appeals or the VA regional office.22"

Free

[Philip Rogers]

No doubt, my DD-214 shows 2 Purple Hearts, Vietnam Campaign Medals, etc, and I have pointed to the stressors and how it has impacted me for years. The below opinion may or may not be true:

The bottom line is that the VA cannot reject a competent diagnosis of PTSD without an adequate statement of reasons or bases for its decision and unless it can point to other medical evidence in the record to support its conclusion that the veteran does not have PTSD.

I have been formally diagnosis, both from VA Psychiatrists (treatment) and private IMO Psychologist that I have PTSD and Major Depression as a result of my combat experiences.

For me, it's now.... to what degree of impact. My problems is that after the war, I went on the finish college and now have worked 25 years, continually. So, I guess the VA is going to discredit me on those facts and LOW-BALL my rating. All the stuff on my below statement makes little, if any, difference:

********************************

I have extreme problems in the following areas:

1) Repeated, disturbing memories, thoughts, or images of stressful military experiences.

2) Repeated, disturbing dreams of a stressful military experience.

3) Sudden acting or feeling as if a stressful military experience were happening again (as if I was reliving it).

4) Feeling very upset when something reminds me of a stressful military experience.

5) Having physical reactions (e.g. heart pounding, trouble breathing, sweating) when something reminds me of a stressful military situation.

6) Avoiding thinking about or talking about a stressful military experience or avoiding having feelings related to it.

7) Avoiding activities or situations because they remind me of a stressful military experience.

8) Loss of interest in activities that I used to enjoy, e.g., golf.

9) Feeling distant or cut off from other people.

10) Trouble falling or staying asleep.

I have quite-a-bit of problems with the following:

1) Trouble remembering important parts of a stressful military experience.

2) Feeling emotionally numb or being unable to having loving feelings for those close to me.

3) Feeling irritable or having angry outbursts.

4) Having difficulty concentrating.

5) Being super-alert or being watchful or on-guard.

6) Feeling jumpy or easily startled.

I feel a moderate problem with the following:

1) Feeling as if my future will somehow be cut short.

Other facts of disturbing military experiences:

1) I have 51+ times been on combat patrol or other very dangerous duty.

2) I have 7 months of more being under enemy fire.

3) I have 3-12 times been surrounded by the enemy.

4) I have 1-25% of my unit killed (KIA), wounded or missing in action (MIA).

5) I have 51 or more times fired weapons at the enemy.

6) I have 51 or more times seen someone hit by incoming or outgoing rounds.

7) I have 51 or more times being in danger of being killed (i.e. pinned down, overrun, ambushed, near miss, etc)

****************************************

The VA will discredit my statement by just saying that the Vet readjusted well after the war; completed college and is employed gainfully for over 20 years.

None of the facts on my above list will be considered... too bad. The positive stressor and diagnosis for PTSD makes little difference in the rating. Its the impact that drives the rating. I'll be lucky to get 30% on my Initial Rating.... and if they give me only 10%.... I'll try-try-again. For me, the VA will concede an award, but it will be small.

All of that may be true but the VA bases your disabililty comp level on your ability to handle work and life, now and in the future. The fact that you overcame adverse conditions previously has no bearing today. It's called post traumatic stress disorder and can come back to haunt us many years after the stressor occurred. You'll need to show how you currently meet the specific ratings criteria you are seeking. You also don't need to meet all of the examples in that percentage criteria. The hardest part is establishing service-connection. jmho

[Pete53]

Once rated the gate is open.