Veterans "gaming" the system for PTSD claims?

[Jimmer]

Hi Everyone, I wanted to share with you a article that I read on military.com in which a Bruce (whatever his last name is) testified to a group on how the veterans are "gaming" the system, and getting PTSD claims approved.  First of all, I would like to meet this guy face-to-face and tell him what an idiot he is. (I would like to do more, but restraint  would be necessary).  First of all a V.A. doctor has to determine that you have PTSD, not someone from the outside.  Does this clown think the V.A. doctors are willing to "look the other way" on claims?  Quite the opposite.  Then you have to have a "stressor", that ties the PTSD with an military event related to the PTSD.  It took me four years to get PTSD disability, and the V.A. went thru everything with a fine tooth comb.  Lucky, I c-file confirmed my "stressor", and I had been going to the V.A. mental health facilities, meeting with various doctors, sessions, etc.  I still see them three times a month, and take five different  medications.  This guy, Bruce, based his information on veterans talking to one other about applying, saying it was easy, blah, blah, blah.  I don't know of any vet that has received disability compensation for PTSD, that had an easy road, and I have talked to a lot of them.   It is comments like this, that really anger, me, and gives the false impression, that vets are just "scamming" the system, and a way to give fuel to cut disability benefits.   I would love to here you comments, especially those of you getting PTSD disability benefits.  I am sure you did not have any easy road, the V.A. makes sure of that!

[Buck52]

 IU Eligibility Requirements:

• You must be a Veteran
• You must have at least one service connected disability rated at least at 60%, OR
• Two or more service connected disabilities at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
• You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes).

Evidence Requirements:

• Evidence of at least one service connected disability AND
• That the service-connected disability or disabilities are sufficient, without regard to other factors, to prevent performing the mental and/or physical tasks required to get or keep substantially gainful employment AND
• That one disability is ratable at 60 percent or more, OR
• If more than one disability exists, one disability is ratable at 40 percent or more with a combined rating of 70 percent or more.

Under exceptional circumstances this benefit may be granted with a lower disability rating than noted above provided the evidence shows the service-connected disability or disabilities present such an exceptional or unusual disability picture, due to such factors as marked interference with employment or frequent periods of hospitalization, that applying the normal disability requirements is impractical.

[Victor Ray]

3 hours ago, Buck52 said:

Victor

Can you list some of your claims that you have filed on and been denied? can you list the reasons and bases as to why they denied you include the dates ,but cover up your name and claim #

A Redacted copy if you have it  just black out all personal info

if your at 90% now and  YOU  can't work and YOU have not worked since you filed for IU (back in 1983?)

Can you remember what your rating was when you first filed for the IU? form 21-8940

Also can you list  your condition's that you are rated for that combined to the 90%  (if there are several or way to many to list that's ok , we can just say you have a 90%combined rating.

Also are you getting SSDI? NOT THE RETIREMENT BUT THE DISABILITY/? I realize your over 63 and can get the early retirement at age 63 but if you could not work during all these in-between years then you probably don't have the work credits/but disability it don't matter. retirement it does.  if your are getting SSDI that will help increase the chance on getting the IU hopefully you have been getting the SSDI?

OR

I was thinking if you filed for IU Back in 1983 and you were at least 60% then and could not work due to your S.C. Disabilitys and they denied you IU  back then  that should be CUE.

you did fill out this form correct?,,,>https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

As of Jan 2016 changes were made...Veterans must fill out & sign this form 21-8940    a POA or third party can not  The Veteran himself must file this form but if it was in 1983  your ok as long as you have record that you filed for the IU.

IF YOU HAVE THESE RECORDS AND SOC...AND YOU WERE DENIED WE NEED THERE REASON FOR THE DENIAL..IF THEY NEVER GAVE YOU A REASON OR SOC THEN THIS IS CUE ALSO.

If you can come up with these records  then you need to get an attorney to help you file this has CUE  YOU MAY want to PM Alex...CUE's are pretty hard to win  but like I said if you have these records as evidence  then its cut and dry.

IF YOU WIN YOU SHOULD GET BACK  RETRO PAY FROM WHEN YOU FIRST FILED THE IU...NOW THEY WILL MAKE ADJUSTMENTS ON WHAT YOU HAVE ALREADY BEEN PAID   FROM YOUR 90%  SO IF YOU BEEN GETTING 90% SINCE YOU FIRST FILED FOR THE IU THEN IT WILL ONLY BE A THE DIFFERENCE FROM THE 90%TO THE 100%   WHICH IS NOT SMALL CHANGE. IT SHOULD BE A UNSUBSTANTIAL AMOUNT...BUT NOT THE FULL 100% 

Buck.

I will post what I have handy, but I think I see where this might go. As far as the unemployability I think the first time I filed I was 50% and the last time maybe 70%. I thought I would get it because I was on full disability, and had been since April 2, 2010 which was about 6 years by then. I retired 6/7 months earlier because I could not work at all, and looking back I had had several strokes a year or 2 earlier, but they didn’t put me down, so I shook them off. I got to where I could not do anything without being wore out, so I retired in 2009.  So I had strokes but didn’t recognize them but couldn’t work so I retired September 1 2009. April 2 2010 I had a big stroke, affecting both legs, entire left side and lost complete vision in left eye (total black with thin white line at top). Drooling, paralyzed face, slurred speech, but refused to go to the hospital and went to bed. 

Nexr day I did go to the emergency room because of lingering effects. That when they discovered it was big and bad, and just had a miracle. The stroke was on left side, total occlusion in left carotid artery, atherosclerosis through out, but had basically a good recovery. I could not write in cursive, no short term memory, things like that, but things have improved somewhat in those areas. I watched YouTube to learn to write again. Love YouTube. 

I retired on regular pension but had to take a penalty. I did not have a medical diagnosis saying I could not work and it never occurred to me to even try, because I had enough years in and wanted to work part time to make up the difference. It seemed to be a good plan, but I got weaker and couldn’t. Then another stroke in 9-2-10. I filed and got SSDI first time after they got medicalrecords. When I turned 66 years old they put me on regular retirement, and I guess that’s the law, even though you are still disabled. I hope that’s not too confusing.

I filed for CUE too because “If I would have been given my records while on active or in 1983, the outcome would have been 100% in my favor and granted.” The VA knows this, but there is evidence in my records that show brain damage from Agent Orange I am almost 98% sure. Our PTSD as we know it maybe much worse than the VA admits. They had no clue what caused my migraines either, but I had the very first stroke in service, six months after Vietnam, the same time I had prostate pain real bad. I tested negative for syphilis everytime (first time in Vietnam), but I did test positive for Group A Streptococcus with Pharyngitis, but was never treated properly. I was sick with it for months. I had an order when I left Vietnam stating I needed “OVER 120 DAYS” Recovery Time to stabilize, but I never did. In Alabama, the doctors had never seen a living person with blood pressure that low, lol. 2 years ago it was 227 over something. Well, here are some information pics.

[Victor Ray]

I took pictures of the disabilities but they won’t load on here, Huh! Sorry

[Victor Ray]

Buck.

Let me try this. Ok, this shows what and when. There was enough back pay total to pay my hospitalization insurance for one year. I have to carry if for my wife, because our plan is under my retirement so I pay about 10k annually, then have to meet deductibles. Some just say it didn’t “happen in service” or “not service Connected” or “I did not show I was unemployabile”, or “I did not complain while in the service, or was not treated or diagnosed with any disease illness or Injury and there is no record of it”.  Those records don’t exist, they say.

[Buck52]

Make sure all these have a signature,

I could not see where you filed a IU Claim on these?  you need to keep all these and make copies  ..not so sure any of them will help you, 

if you got these EOB off ebenfits  check further on the claims status....see if it shows claims closed..and check the dates on each condition  even if it says not service connected,    that will be your EED when you do get these claims approved.

Listing the EOB don't really mean much  other than you were not service connected, but it may mean you did file for all these claims  other wise what would they be doing in your Ebenefit''s status? Again make copies of all these  because if there in ebenefit's today  don't necessary mean they will be in ebenfits tomorrow...make copies of everything   VA loses records as you well know.

Do you have a Record as to when you first filed for the IU?.  OR Requested it?

  it can just be a piece of paper showing they got your request for IU ,  if you know the dates on this or close to the dates when you first filed  you can request it from NRPC in St Louis  give them the date filed  or any other piece of information you can provide to them   this will help them in their search for these records  or any records.  THERE SHOULD BE A RECORD as to when you first filed for the IU.

[Buck52]

Victor Ray

 Members  broncovet or Ms berta take a look at these I can't see them all  very good,  I can't find the dates on most of these....

.broncovet can look at them and comment ..he is pretty good with knowing what to do if your records have been destroyed  as that is  what it appears to be.??

they shredded a lot of broncovets records during shred-gate..I am not sure what he did about it  or how he got his records  if he ever did?