The recent changes to PTSD claims processes have been well publicized and they are a long time coming. The VA is now simplifying the process by which veterans claim benefits by no longer requiring a veteran to associate a specific combat incidence or attack in relation to PTSD symptoms. It is also no longer limited to veterans who served in combat zones. Over all this process should help thousands of men and women who have suffered for years under the neglect of the Veterans Administration.
It has been argued that the new PTSD guidelines could lead to fraudulent claims. However, this is unlikely due to the fact a veteran must first be diagnosed with PTSD and if that veteran shows improvement their benefits can be cut back over time to reduce costs.
The changes came after years of endless appeals processes averaging 4.4 years and after one large class action law suit filed against the VA in 2007. The law suit challenges that by taking up to 15 or more years to resolve benefit claims for veterans, the VA is in violation of the each veteran’s constitutional rights. Specifically addressed is their 5th amendment right to due process under the law and 6th amendment right, which provides each individual the right to a speedy trial. The suit is currently held up with the ninth district court of appeals. Its outcome is still uncertain but it is unique in that most federal courts do not handle cases against government institutions.
As explained in court transcripts, it was found that nearly 3,000 soldiers die a year while waiting for their appeals to the VA for mental health benefits. As of 2009 when the trial took place over 85,000 veterans were on a waiting list to claim mental health benefits. Also addressed is the manner in which claims are handled by the VA. Currently the Veterans Judicial Review Act passed in 1988, provides certain powers to the VA that are somewhat unique to government benefit institutions. For one, the VA itself accepts and denies claims with out first having individual claims run through an independent review officer, as you would with Social Security for example. Also a veteran currently does not have a right to retain counsel. Why I couldn’t tell you, yet these practices have prevailed and have contributed to a back log of claims.
After hearing about years of issues of neglect and red tape, I find myself asking, why wasn’t this done sooner? So many men and women have been affected by the poor mishandling of these cases. One man, Richard Sanchez, was diagnosed with PTSD in 2006 after serving nearly 10 years doing tours in Afghanistan and Kuwait. After being diagnosed he filed for claims with the VA but was denied once it was determined he did not have proper documentation. Ten years of his life were dedicated to the service of this country and to the protection of people like you and I and we couldn’t help him in his time of need because of paper work? He, like so many others, is still waiting for his claim to be resolved.
Thankfully the VA has finally come through on this issue. The new guidelines for PTSD benefits are retro-active and therefore should help unclog the pipeline of claims streaming into the VA. The VA’s recognition of non-combat veterans as PTSD victims is a huge step forward. Even more significant perhaps is the establishment of a precedence which takes the burden of proof off the shoulders of the veterans themselves when claiming to have PTSD symptoms as a result of specific combat experiences.
For those of you reading this that may be in a similar situation as Mr. Sanchez, I hope these changes get you the help you need. I hope you know how much we all appreciate your service, regardless of how unappreciative we may seem at times.
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I am glad that the Veterans who really do suffer from PTSD will get help and I also hope that the Veterans that pretend to have suffered from PTSD like my ex be weeded out from the real disabled. My ex always told people he fought in Viet Nam. He never did. He sort out pity from all other veterans. He wanted to be a war hero very badly. I still don’t understand why. He was in the Navy, was never near the battlefield and was able to link the service to his dysfunctional family that caused his problems. He was never in or near a battlefield and yet he receives 100% disabilty for PTSD. It is about time these claims are looked into more thoroughly because benefits should be given to ones who are in desperate need not ones that know how to work the system. The diagnosis PTSD really destroyed my families life because there are always people who enjoy profiting and destroying other peoples lives for their own benefit of getting VA disability pension monies and would be desperate enought to do anything. I only hope the new laws dont make it easier to have more claims that are just not true.
I HAVE BEEN FIGHTING THE V.A. NOW FOR TEN YEARS ON A MYRIAD OF PROBLEMS RELATED TO IN SERVICE INCIDENTS WHICH TOOK MANY YEARS TO COME FORTH AND DISABLE ME TO THE POINT OF ME NOT BEING ABLE TO SUPPORT MY FAMILY OR WORK FOR THE LAST TEN YEARS. I WAS INVOLVED IN THREE HARD LANDINGS IN HELICOPTERS, CH-34 SIKORSKY’S WITH BIG WHEELS, NOT SKIDS LIKE HUEY’S HAD. THEY WERE PRONE WHEN APPROACHING A LANDING ZONE FAST TO BOUNCE ALL OVER THE PLACE DUE TO THE INFLATED TIRES ON THESE CHOPPERS. I WAS NOT IN VIETNAM BUT IN GERMANY AND FEEL THAT BECAUSE I WAS NOT A COMBAT VETERAN THAT I WAS PUT AT THE BOTTOM OF THE BARREL FOR MY INJURIES AND HELP FROM THE V.A. IN PROCESSING MY CLAIMS. I HAVE DEVELOPED PERIFERAL NERUOPATHY WHEREBY YOUR FEET, ANKLES, LEGS ARE CONSTANTLY NUMB, TINGLING, PRICKLY AND BURNING LIKE YOU HAD BEEN IN THE SNOW ALL DAY LONG SKIING AND YOUR FLESH WAS FLASH FROZEN. IT HAS NOW MOVED TO MY UPPER EXTREMITIES TO MY ARMS AND HANDS NOW AS WELL, WHICH IS A NATURAL PROGRESSION OF THE DISESE. I WAS BOUNCED AROUND THE INSIDE OF THE CHOPPER INTO BULKHEADS, SEATS, TAIL BOOM,CEILING AND WHATEVER OTHER PLACE I COULD FLY AROUND SINCE I NEVER WORE MY SAFETY GEAR WHICH NONE OF THE CREW MEMBERS WORE FOR MEDICAL EVACUATIONS. I DID HOWEVER ON ONE OCCASSION WEAR MY WEBBING OR GEAR ONE DAY WHEN IT WAS OVERCAST AND BUMPPY AND I FELL OUT OF THE DOOR AT ABOUT 2000 FEET AND JUST SNAPED MY BACK LIKE A WHIP LASH SINCE THERE IS NOT GIVE IN G.I. NYLON WEBBING. WE WERE NEVER ABLE TO GO TO THE DOCTOR, ONLY HE MEDIC UNLESS A BONE WAS BROKEN OR PROTRUDING THRUGH THE SKIN. HENCE WE NEVER SAW DOCTORS AND A LOT OF US GOT BANGED UP GOOD. IT TOOK ABOUT TEN YEARS BEFORE I STARTED GETTING CONSTANT HEADACHES AND BACK PROBLEMS AND ONE DAY I WALKED OUT OF THE OCEAN FROM SURFING AND MY FRIEND SAID YOU LOOK LIKE A Z LIKE A PRETZEL AND I WENT TO THE V.A. AND THEY LISTENED TO MY STORIES OF WHEN I WAS IN THE MILITARY AND THE CHOPPER INCIDENTS AND I SAID THAT THERE WOULD BE NO RECORDS OF INCIDENTS BECAUSE IN ADDITION TO BEING A CREWMEMBER I WAS ALSO THE ADMIN SPECIALIST AND WROTE ALL THE MORNING REPORTS, WEEKLY REPORTS, MONTHLY REPORTS, UNIT REPORTS, FLIGHT REPORTS, MECHANIC, PILOT, AND CREW CHIEF REPORTS FOR THE UNIT. BECAUSE MY C.O. WAS PASSED OVER TWICE FOR LT. COL HE WAS GOING TO MAKE SURE THAT HIS UNIT WAS NUMBER ONE IN ALL OF EUROPE, ESPECIALLY GERMANY AND WE HAD NO SICK DAYS OR ACCIDENT DAYS AND WE WERE THE TOP UNIT, DUE TO HIS CREATIVE FICTIONALIZED WRITING OF THIS GREAT UNIT. MEANTIME ANYONE THT WAS HURT, TOUGH SHIT, IT WAS PASSED OVER AND IF YOU CAUSED ANY TROUBLE YOU WERE ON THE LEVY LIST BACK TO VIETNAM WHICH CAME DOWN EACH MONTH FOR EXPERINCIED PILOTS, CREW CHIEFS, MECCHANICS, ETC, SO NO ONE SAID A WORD. I VOLUNTEERED FOR 14 MONTHS FOR VIETNAM AND EACH MONTH THE PAPERWORK WAS RIPPED UP BECAUSE I KNEW TOO MUCH ABOUT THE C.O. AND HE JUST WOULD GIVE ME ANOTHHER STRIPE AND SAY YOU DON’T WANT TO GO THERE YOU COULD GET KILLED. I REALLY WANTED TO TAKE A CHANCE BECAUSE I WAS DYING SLOWLY FROMM ALL OF THESE LITTLE INCIDENTS THAT WERE BUILDING UP LEADING THE GENISIS OF MY LATER IN LIFE BACK, NECK, SPINAL CORD PROBLEMS AND I FINALLY HAD TO HAVE FOUR DISCS REPLACED IN MY CERVICAL AREA IN THE NECK FROM A CADAVER WHICH THE PAIN FROM THAT SURGERY WAS LIKE BEING SHOT IN THE GUT WITH A BULLET THE PAIN WAS SO BAD FOR TWO AND A HALF MONTHS I WORE A NECK BRACE AND TOOK PAIN MEDS THAT DIDN’T DO A THING SO I WAS IN PAIN 24/7 AND NOW IT HAS GOTTEN TO THE POINT WHERE I AM TOTALLY INCAPCITATED AND THE V.A. WON’T ACKNOWLEDGE ANYTHING AND I SEE OTHER VETS WITH GOD DAMN HANG NAILS GETTING A 100% LAUGHINGH AT ME FOR HAVING A BONIFIDE SERVICE RELATED PROBELEM AND I WAS ALSO DIAGNOSED WITH PTSD FOR THE FALLING OUT OF THE HELICOPTER AND BEING DRAGGED FOR MILES WHILE MY BUDDIES AND CREW MEMBERS PULLED ME IN AND LISTENING TO THE PILOT AND CO=PILOT LAUGHING AS I WAS FINALLY DRAGGED INTO THE CHOPPER. GUESS WHAT, NO REPORT EVER WAS MADE UP ON THIS INCIDENT OR ACCIDENT THT REALLY SCREWED UP MY BACK FOREVER WHEN IT SNAPPED ME LIKE A WHIP. SO I FINALLY HAVE THEIR ATTENTION THAT THEY MAY BELEIVE THAT THESE THINGS MAY HAVE HAPPENED BUT THEY NEED MORE MEDICAL RECORDS TO PROVE THIS. I KEEEP TELLING THEM THAT THEY ARE NOT IN MEDICAL RECORDS BUT IN UNIT RECORDS, FLIGHT RECORDS, PILOTS RECORDS, CREW CHIEF AND MECHANIC RECORDS, BUT LIKE EVERYONE ELSE MY RECORDS SEEMED TO HAVE BURNED UP IN THE GREAT FIRE OF 1973 IN ST LOUIS WHICH I HAVE WRITTEN AT LEAST A DOZEN TIMES OR MORE AND CALLED THE SAME NUMBER OF TIMES BUT DUE TO THE LAWS OF HIRING MORONS AND PEOPLE WITH I.Q.’S OF LESS THAN 50 THE V.A. HAS DONE IT AGAIN TO ME AND THESE PEOPLE DON’T REALLY GIVE A FLYING SHIT ABOUT ME OR YOU AS A VETERAN EVEN IF THEY ARE VETEERANS THEMSELVES. THEY ARE LAZY GOVERNMENT WORKERS JUST PUTTING IN THEIR MINIMUM 40 HOURS A WEEK TO GET THEIR CHECKS AND WILL GET A RETIREMENT PENSION WHICH I CAN’T EVEN GET FOR DOING NOTHING DURING THEIR 20 YEARS AT THE V.A. AND THE V.A. WILL GO ALONG WITH THESE IDIOTS AND GIVE THEM LOW RATINGS BUT NEVER FIRE THEM OR DISCIPLINE THEM BECAUSE IT IS THE LAW THAT THEY ARE HIRED FOR LIFE OR SOMETHING REDICULOUS LIKE THIS. I VOLUNTEERED FOR THE ARMY FOR THREE YEARS AND THEY COULD HAVE SENT ME TO VIETNAM AND I WOULD HAVE GONE IN A NEW YORK SECOND, AND WHEN I VOLUNTEERED TO GO I COULDN’T BECAUSE I WAS FILLED WITH TOO MUCH KNOWLEDGE THAT WOULD OR COULD HAVE SUNK THE MAJOR AND HAD HIM REALLY THROWN OUT OF THE ARMY HAD I TALKED ABOUT HIM AND HIS PRACTICES IN HOW HE RAN HIS UNIT. SO I AM ASKING THE APPEALS BOARD TO LOOK INTO MY RECORDS AS THEY ARE AND THE VETERAN IS SUPPOSE TO GET THE BENEFIT OF THE DOUBT BUT SO FAR I HAFE NOT AND I AM PLENTY PISSED OFF AT THE WAY I HAVE BEEN TREATED WITH REAL LIVE PROBLEMS INCLUDING CHRONIC PAIN, PSTD, PERIFERAL NERUOPATHY, CLINICAL DEPRESSION, ADULT ASTHMA CAUSED BY ME STARTING TO SMOKE BECAUSE WE ALL GOT C RATTIONS WHICH CONTAINED CIGARETTES BACK IN THE 60′S AND THE STRESS OF BEING IN THE ARMY AT THAT TIME MADE IT ALMOST IMPOSSIBLE NOT TO SMOKE DUE TO THE CONSTANT FEAR OF GOING TO VIETNAM, EVEN IF YOU VOLUNTEERED LIKE I DID WITH THIS C.O. AND THEN BEING RELEIVED WHEN THE PAPERWORK WAS TORN UP, BUT STILL WILLING TO GO.SO I LIKE MILLIONS OF OTHER G.I.’S STARTED TO SMOKE DUE TO THE U.S. ARMY WHICH IS ALSO ON ONE OF MY CLAIMS AND THE DOCTORS BELEIVE THAT ALL THE YOUNG GUYS WHO DID START SMOKING WHEN THEY WERE IN THE SERVICE WAS A DIRECT RESULT OF BEING FORCED TO BY PEERS OR BY THE FEAR OF BEING SHIPPED OFF TO A WAR ZONE AND BEING IN A WAR AT 19 YEARS OLD, ETC. AND THEY ALL THE PULMONOLOGISTS DOCTORS BELEIVE THAT THE U.S. ARMY IS AT FAULT FOR THIS CURRENT CONDITON I HAVE WHICH IS NONCURABLE. I ALSO HAVE FIBROMYALGIA, CONSTANT HEADACHES, ALL MY TEETH ARE MISSING AND I WAS TO HAVE 100% DENTAL AND MEDICAL ACCORDING TO MY CONTRACT WITH THE U.S.ARMY AND THEY DID NOT LIVE UP TO THEIR PART OF THE CONTRACT THEREFORE IT IS AS BREACH OF CONTRACT ON THEIR BEHALF, WHICH FALLS TO THE VETERANS ADMINISTRATION AND ITS VARIOUS ORGANIZATIONS AND DEPARTMENTS TO TAKE CARE OF THIS AND TO TREAT ME TO IMPLANTS FOR ALL OF MY TEETH AND OR DENTURES TO START WITH. I HAVE NOT SEEN ANYTHING NEW GO INTO EFFECT FOR THE VETERANS FROM THE NEW SECRETARY OF THE V.A.AND OR THE PRESIDENTS PROMISES TO HELP THE VETERANS OUT. THE VIETNAM VETERAN OR VIETNAM ERA VETERAN IS NOW REPLACING THE WORLD WAR II VETERAN AND THEY JUST DON’T GIVE A SHIT THEY ARE TOO BUSY KEEPING A GOOD FACE ON FOR THE PUBLIC IN TAKING CARE OF THE IRAC AND AFGHANISTN VETERANS AND LEAVING US OUT THERE TO ROT. I SPEAK NOT ONLY FOR MYSELF BUT FOT THE VETERANS WHO ARE AFRAID TO WRITE TO YOU BECAUSE THEY FEAR RETRIBUTION AND BEING CUT OFF FROM THEIR BENEIFITS AND FOR THE VETERANS WHO JUST DON’T HAVE THE WILL POWER OR ABILITY TO SPEAK OUT FOR THEMSELVES AND THE OTHER VETERANS LIKE I AM AND I DO SPEAK OUT FOR MY BROTHERS AND SISTERS THE ONES THAT ARE COMBAT AND NONCOMBAT VETERANS WHO NEED A STRONG VOICE AND SOMEONE WITH A PAIR OF BALLS TO STAND UP TO THE VETERANS ADMINISTRATION AND SAY ENOUGH IS ENOUGH. I HAVE JUST READ ABOUT YOU BEING SUED ON SEVERAL AMENDMENTS BEING JERKED AROUND ON A TIMELY AND FAST WAY IN GETTING THE VETERANS CLAIMS ANSWERED AND WE AS VIETNAM ERA VETERANS SHOULD NOT BE PUT BACK WITH THE X,Y ASND Z’S IN THE ALPHABET AND BE TREATED AS PIRIAH’S AND LEPERS AND NOT BE GIVEN THE SAME SPEEDY RECOURSE AND PAYMENTS OF OUR DISABILITY AS THE IRAQI AND AFGHANI VETERANS ARE GETTING.
Funny, one of my relatives served only six years as a meterologist and then when she didn’t like that and wanted to avoid being shipped to Kuwait she switched to being a recruiter. She never served a day in combat. She just hated having to meet quotas every month as a recruiter.
Once out the military she was having problems in her marriage and had two kids. She didn’t want to go back to work, because she wanted to stay home with her kids full time. Her husband left her, and her dad, who’s a Vietnam vet, coached her on how to get 100% disability check like he did for PTSD. (now I believe that her dad legitatmately has PTSD after serving in Vietnam and I have known him to have some very deep issues over it, and he worked for the Post Office doing honest work for over 25 years, and didn’t apply for disability until he finally snapped one year and was hospitalized for mental break down) Anyhow, in less than a six months to a year she went from 10% to 100% no problem.
She got her back pay and now is getting paid every month royally. And needless, to say that joker, her husband, came back home immediately after finding out she was getting a check every month. With the spouse, and two kids she gets even more money.
It is sicking to see they both drive $40k vehichles and park in the handicap spaces (both are very able body individuals her husband works out everyday at the gym). And here’s the kicker, she even home schools her kids! You can’t do that very well with PTSD.
Anyhow, I have been wanting to report this, but have read that there’s not much that will come of making a claim to VA concerning fraud. I figure every dogs got his day. Unfortunately, for now the American tax papers have to foot the bill til then.