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Yale Law School Vets Clinic ....re :oth Vets

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Berta

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Here are 3 links to the Yale Law School and the show we did today with lawyer Jennifer MsTiernan, quoted above in the NY Times article.

http://www.law.yale.edu/about/about.htm

http://www.law.yale.edu/academics/veteranslegalservicesclinic.htm

http://www.law.yale.edu/academics/vlsc_shepherd.htm

This was a great show giving hope to many OTH veterans out there.....who were symnptomatic of PTSD that could have been the sole cause of their PTSD yet never were able to get a discharge upgrade on that basis.

The "Hagel" Memo is referenced in the NY Times article as well....

This situation of bad paper will follow a veteran throughout their entire life, even affecting their family members who could have been eligible in many cases for VA benefits as well, except for the Bad Paper OTH, and there must probably be new OIF OEF as well as other veterans who might get the same OTH BS .

The class action lawsuit ,if successful, might stop that future travesty from ever ruining the lives of any of our future veterans with PTSD.

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here is a link to the Discharge Upgrade Manual from Yale LS:

http://www.law.yale.edu/documents/pdf/Clinics/wirac_CTdischargeUpgradeManual.pdf

2 more links but must leave and will post them later

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Jerrel I wonder if you or any listener has an opinion on this.......

I dont know if surviving spouses were included into the Class Action case.I didnt have time to bring that up on the show,.and

I have not had time to even read their filings on this case, and as Jennifer said, they await a decision on the class action certification.

I dont know if I should email her about this.....

The original Agent Orange Settlement Fund and the Nehmer Court Order all included surviving spouses..

I was paid under both of these class actions after my husband died.

In the case of the OTH vets, they never could file a claim.

BUT if their medical evidence ,even if they are now deceased ,yet can get an ungraded discharge posthumously

(dont know if that is in the class action filing either and didnt have time to ask her on the air ) would warrant a PTSD rating of 100% for at least ten years, then these surviving spouses should be included as part of the class....

They could then file for DIC.

Does that make sense?

Also I am still stunned by the Hagel memo condition that I discussed with Jennifer on the show.I know she wanted to review the show again herself.

If a non VA MH can diagnose or opine on any OTH vet as to PTSD,for purposes of this class action case, per the Hagel Memo ,then VA might have to drop their 'VA MH only ' PTSD diagnosis criteria in the 2010 PTSD regulations..

And that would be WONDERFUL!!!!!!!!!!!!!!!!!....

But it all depends on if they gain the Class Action Certification.so that this case can go forward.

Edited by Berta
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Boy our radio show timing was great because the New VBM just out (from NVLSP) details the "Hagel Memo" discussed on the show.

I need to contact Rick Spataro at NVLSP and give him a link to the show.......this could affect tens of thousand of OTH Vietnam Veterans

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That's how I read it to. Maybe they'll open other centers like this or branch out stateside.

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