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Why Would They Add This?

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63SIERRA

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63SIERRA Veteran

63SIERRA

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I was checking ebennies on my wifes claims and they added "( adjustment disorder}. She already had put in for depression,16 months ago, and it was listed in the contentions, so we dont know who, added the adjustment disorder or why. also the claim recently moved to pending authorization of descison. If it all falls undet PTSD, why would they add that.

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free_spirit_etc Grand Master

free_spirit_etc

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I am not sure if that would be the case. You would really need to talk to an FTC lawyer to know for sure. You have known quite some time that things went wrong during the birth and that something was wrong with your son. So I would think their position would be that you "found out" quite some time ago.

There is a link here written by an FTC lawyer: http://www.lawguru.com/legal-questions/texas-federal-tort-claims-act/statute-limitations-year-military-hospital-823114484/a/.

He states "Also, the FTCA does not provide any tolling period for minors or incompetents. The federal courts usually require the parents or legal guardians of minors or incompetents to take action to file a claim within the two-year limitations period on the minor's or incompetent's behalf. So in that respect the FTCA is different (and much harsher)than most State laws that do provide a tolling period for minors during the term of their minority."

So I think you would need to talk to an FTC lawyer to be sure.

Also if we get some brain scans done on my son and they find that the birth injury likely did cause the injury, that would in fact make it the time that we " found out" .

Think Outside the Box!
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63SIERRA Veteran

63SIERRA

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well come what may, theres a fine law firm involved now, and thats all I can say for now.

Good bad or ugly I will report what happens, so we can all keep learning. I deleted the details for legal reasons.

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meghp0405 Mentor

meghp0405

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QUOTE FROM MEGP"

"""After I explain this, most are satisfied. There are many that will say "I was in combat, it's PTSD". Well, I am no Doctor, never claimed to be nor will I ever become one. Is what I ask these vets is this; you are being seen by mental health personnel, they have tailored a treatment/counseling program to meet your needs/conditions, etc. and if its working, why worry about the terminology?"""

HERES WHY, because the compensation a vet recieves, is in accordance with the terminology, compensation is very important, just as treatment is. they rip off thosands of vets every year by changing the " terminology" and denying or lowballing thier claim.

Terminology is SUPER important.

Not trying to be argumentive, but just pointing out a view from the inside looking out,.

the compensation is the same regardless of the diagnosis. A 30% for PTSD, adjustment disorder or depression is all the same, but they can only receive compensation for one mental health disability.. The 38 CFR chapter 4 is a wealth of information....

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