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News for veterans:

Court Expands Coverage for Vietnam Vets

 

Military.com  |  By Terry Howell  |  August 21, 2006

 

The U.S. Court of Appeals for Veteran Claims has announced a landmark decision in the case of Haas v. Nicholson. This ruling could directly affect thousands of disabled Vietnam-era Navy veterans.

The Court's ruling states that Veterans Affairs requirement for “boots on the ground” as the definition of “service in the Republic of Vietnam” is unreasonable, and does not align with Congress's intent. In addition the law does not limit application of the presumption of service connection for herbicide exposure to those who set foot on the soil of the Republic of Vietnam. The Court cited that the law defines “service in the Republic of Vietnam” as including “service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam.”

According to court documents the unclear nature of the policy was further demonstrated when Secretary Nicholson was asked to apply the regulatory interpretation in the case of a veteran who served in the waters off of Vietnam, in water where his feet did not touch the seabed, versus a veteran who was in the waters where he was able to touch the seabed, he responded that neither veteran would be entitled to the presumption because the regulatory definition is limited to those veterans “who set foot on land, if you will boots on ground, not touching the ocean floor.” When later asked if there was a difference between the case of a veteran who served on a vessel floating up a river - which, according to the Secretary's argument, could be miles wide - who never touched land within the Republic of Vietnam, and a veteran who served on a ship within 100 feet of the shoreline who never touched the land, the Secretary simply responded, without rationale, that the latter form of service would not warrant application of the presumption of service.

The Court's opinion further states that VA's regulation defining “service in the Republic of Vietnam” is ambiguous and that VA's interpretation of the regulatory term “service in the Republic of Vietnam,” allowing the application of the presumption of exposure to herbicides only to Vietnam-era veterans who set foot on land, is “inconsistent with longstanding agency views, plainly erroneous in light of legislative and regulatory history, and unreasonable, and must be SET ASIDE.”

Note: The Court also found that the VA changed the Adjudication Procedure Manual to exclude receipt of the Vietnam Service Medal (VSM) as a definition of “service in the Republic of Vietnam” in 2002. The Court's decision may force VA to rethink this policy change.

The elimination of the requirement for “boots on ground” will mean that Blue Water Navy Vietnam veterans can now file claims based on service in the Republic of Vietnam including “service in the waters offshore.”

This decision may open the floodgates to millions of Vietnam-era disability claims. Navy Vietnam veterans are encouraged to contact their local Veterans Service Officer as soon as possible to determine if they are eligible to receive disability benefits based on this ruling.

PTSD Affects Fewer Vietnam Vets
Associated Press   |  August 18, 2006
WASHINGTON - A widely quoted estimate that almost one in three Vietnam veterans developed post-traumatic stress disorder was too high, says a re-analysis that puts the toll closer to one in five.

Post-traumatic stress disorder now is understood to be triggered by a variety of traumatic experiences, not just combat, but medical authorities first accepted it as a psychiatric condition in 1980 at the urging of Vietnam veterans.

Then came the controversy over its prevalence. In the late 1980s, two government-funded studies issued vastly different estimates.

A study from the Centers for Disease Control and Prevention suggested that 14.7 percent of veterans developed the disorder after serving in Vietnam and that 2.2 percent still had it at that time.

A second, the National Vietnam Veterans Readjustment Study, estimated that 30.9 percent of the veterans had developed the disorder and 15.2 percent of them were suffering it over a decade after the war.

Columbia University scientists took another look at that second study, using more precise symptom definitions, among other things. Their work, reported in Friday's edition of the journal Science, showed that 18.7 percent of Vietnam veterans had developed the disorder and 9.1 percent were suffering it by the end of the 1980s.

Whatever the actual numbers, the researchers said it is clear that the more combat exposure for a veteran, the greater the likelihood of the disorder.

Today, veterans from the Iraq war are supposed to be screened for the disorder and other mental health problems. Studies published this year suggest that between 11 percent and 17 percent of those Soldiers have had symptoms of post-traumatic stress upon their return.

 
NEWS FLASH   Its official, DD-214's are NOW Online.
The National Personnel Records Center (NPRC) has provided the following website for veterans to gain access to their DD-214s online: http://vetrecs.archives.gov/     This may be particularly helpful when a veteran needs a copy of his DD-214 for employment purposes.  NPRC is working to make it easier for veterans with computers and Internet access to obtain copies of documents from their military files.  Military veterans and the next of kin of deceased former military members may now use a new online military personnel records system to request documents.  Other individuals with a need for documents must still complete the Standard Form 180, which can be downloaded from the online web site. Because the requester will be asked to supply all information essential for NPRC to process the request, delays tha normally occur when NPRC has to ask veterans for additional information will be minimized.  The new web-based application was designed to provide better service on these requests by eliminating the records center's mailroom processing time.

  Please pass this information on to former military personnel you may know and their dependents.

Information on Obtaining Benefits for PTSD 

Gary J, Chenett                                                                                        

PMB#235                                                                                                    

828 Rue Royal Street New Orleans, Louisiana 70116-3199                                                                                                                               

504-595-8949 email fuzzyfrog@2fords.net

 RECEIVING DISABILITY FOR PTSD                                                              

There are two basic steps to receive a disability from the Veterans Administration for PTSD. The first step is filing a claim with the VA for PTSD. The second, and    most Important, is submitting a stressor letter. Most combat veterans do not trust the government or the VA. This is understandable considering the treatment  most veterans received during and after the Vietnam War. But the VA has            improved in most places, and the benefits are there for the combat veterans. The VA does not go looking for the combat veteran with PTSD. You mush push aside any bad feelings and make the effort to receive the earned benefits.

 FILING A CLAIM

As ridiculous at It may seem, ail combat veterans must not only prove that they were In combat, they must also prove that they were In the military. This process screens out the phony combat veterans. It is surprising how many combat veterans have surfaced who were on top secret missions, and of course, there is no record of their even being in the military because their missions were so secret.

You can file a claim on your own, but there are several veteran’s organizations who will represent you on a disability claim. The best of these is probably the American Veterans (AMVETS), since their primary purpose Is helping the veterans file claims for disability. It you do not have an AMVETS office in your area where you can meet with a service officer, you can call the nearest AMVETS office and tell them you want to file a claim for disability. The AMVETS, will send you a power of attorney. You sign this paper and send it back through the mail. This gives the AMVETS your permission to represent you in your claim. The AMVETS opens your claim and forwards it to the VA regional office in your area. Opening the claim is actually a simple process.

 THE STRESSOR LETTER

This is the single most important factor In obtaining disability for the combat veteran. After your claim has been filed, usually within 30 to 60 days, you will receive a letter from the VA stating that they have received your claim for PTSD. Then you will be asked to submit a stressor letter. This is a written record of combat experiences which you felt were life threatening or have caused you to display symptoms of PTSD. They will also note that they understand how difficult this can be for some veterans (thinking about war experiences and writing them down). And for many this is difficult. Some can't write well. Some are to terrified to think in detail about their war experience.

 Chances are the average veteran cannot write a stressor letter that will pass the rating board. Once a stressor letter has been rejected by the rating board, the process to receive disability can be long and discouraging. Many veterans give up and never receive the disability they deserve. The VA will tell-you how to write the letter or what details to include. If the letter is rejected, many combat veterans will give up before appealing the rating board decision. So a veteran must submit a solid stressor letter to pass the rating board. This is my area of expertise. I know what to put in the letter and how to present it so that the rating board will grant any where from 10% to 50% disability just from your stressor letter without rejection and VA appeal hearings. It will be impossible to receive a 100% rating from a stressor letter, but once the VA agrees you are disabled, you can appeal for a higher percentage.

 PTSD IS A RECOGNIZED DISORDER WHICH DOES NOT GO AWAY. THE REACTIONS TO COMBAT STRESS OFTEN BECOMES A PERMANENT PART OF THE VETERAN'S PERSONALITY.

 WHAT COMES NEXT: THE COMP EXAM

 At some point after you file for disability, either before or after you have submitted your stressor letter, you will receive a letter asking you to come to the nearest VA Hospital in your area for a Compensation Examination. This just means that you are going to speak to a VA psychiatrist. The psychiatrist will ask you many questions about your background (including your childhood and current social life) and your war service. The meeting with the doctor will probably last anywhere from 20 to 45 minutes. The VA will also reimburse you with a small travel allowance for coming.

You must show up for this comp exam. If for some reason you can't make it, then call the VA and they will schedule you again. Most of all, relax. This psychiatrist is not your enemy, and it is his or her job to send a report to the VA regional office as to whether you show symptoms of PTSD. The psychiatrist Is Impartial. If you show symptoms of PTSD, it will be reported without any favor toward the VA. So relax and answer questions to the best of your knowledge. Always stress the negative side of your life...never the positive. Just like at the close of the stressor letter. You can do this and still tell the truth just by avoiding the positive. Here are some things not to say at a Comp Exam.

1.        My life is okay.   Ifs not or you wouldn't be there.

2.        I sometimes hear voices. Hearing voices can lead to a diagnosis of schizophrenia, and your PTSD claim may be rejected.

3.        I am happily married. It has often been decided that having PTSD automatically means an unhappy marriage. It can but not always.

4.        I love my job. I have been there twenty years. If you have managed to keep one job, it may be determined that you interact normally and do not have PTSD. You can have one job and still be miserable. It's a matter of survival.

5.      I have lots of friends. Never admit you have lots of friends. Chances are you don't anyway. At least, not like the friends you made in combat situations who you can trust with your life.

6.        Don't threaten the doctor. Some veterans scream, yell, and threaten to kill the doctor in an attempt to show symptoms of PTSD. 99% of the time this is an act and won't help your claim.

  WHAT TO INCLUDE IN A STRESSOR LETTER

 1.         Name, Rank. Service Number, Dates of Time in War Zone:

Make sure your current correct address and claim number are at the top of your stressor letter. Begin by re-stating your name, rank, and service number. Then begin with your war service. Do not mention time spent in the United Slates. Many veterans ramble on about stateside service, and this has nothing to do with combat stress, if your MOS or specialty was something other than combat related (supply, motor transport, ate.) but you did not serve in your MOS or specialty, mention it here because the VA will turn you down unless you prove you were in combat If you were in Special Forces or Recon, etc., don't go into any detail about stateside training.

 2.         Were you wounded?:

If you were wounded Include dates, If possible, and number of times wounded. This refers only to wounds which ware treated by medics, corpsmen, or doctors for which you received a purple heart and are a matter of record. If you have malaria or any type malaria fever and were treated for it, mention it also, if you believe it may be in your records.

 3.        If you killed the enemy:

Include the times you actually saw the enemy and killed them. Be specific if possible. Don't say something like (my outfit killed 53 NVA in the fire fight). This is too general. State what you were doing when the enemy was killed and how it affected you. (I kept firing and I could see them falling as they ran toward us).

 4.         If you saw Americans die:

Most combat vets lost close friends in combat. For some vets remembering names is difficult, but this will definitely help your claim if you can remember the approximate date and names of men in your outfit killed while you were there. If someone killed was your best friend, mention it and how it affected you. The names will be checked by the VA against KIA lists. If friends were wounded bad enough to be shipped home, you may mention this and include their names if possible. (This is all verification that you were in combat. Try to use real names instead of nicknames at all times).

 5.         If you saw civilian dead:

In villages, the jungle, or other places. This was traumatic to many combat troops, especially if they had to handle the bodies. Seeing dead children often has long range effects on combat vets, particularly if the children or civilians were killed during fire fights or mistaken for the enemy.

 6.         If you were on body detail:

Or if you otherwise handled the bodies of dead Americans, either in the field or in the rear where the bodies were stripped for shipment home. This often causes extreme trauma to those who handled the bodies.

 7.         Times you did not think you would survive:

Incidents when you thought you would not be alive the next day help with a PTSD claim. When you had given up hope and thought for sure you would be killed with no chance of survival.   (Describe in detail).

 8.         All incidents of combat:

Small arms fire, fire fights, mortar and rocket attacks, booby traps, mines, artillery, etc. Each time you were in a life threatening situation whether you were able to return fire or not. (Walking through mine fields, walking point, etc.)

 9.         Names of operations or search and destroy:

Remembering names of specific field operations and sweeps can often be helpful because the military often left much Information out of service records. Some combat troops have very complete service records. Others have had their records lost or destroyed, or Information was never entered. Any Information you can remember about field operations Is verification of combat role.

 10.      How your life has changed because of the war:

State your problems today because of your war service. Divorce, substance abuse, nightmares, paranoia, trouble holding jobs, lack of feeling, etc. If you have been in therapy or other treatment, mention this. Stress the negative side of your life. Mention nothing good that has happened to you. Don’t say you get along great with people and you are happy most of the lime. Stress that life is a constant struggle due to your combat service, (You used to love fireworks but now when you hear them you hit the ground. You used to love to go to sporting events but now you can't cope with being in crowds, etc.)

 NOTE: These ten points will help you write a stressor letter which will have a good chance of passing the VA rating board. When writing about combat, write how it affected you personally. Don't write stuff like…(We sat around and ate dinner and then the sergeant told us a story about his wife and then Joe tried to steal my bean and wieners). Too many vets go in to detail which Is not important. Begin each segment of combat with the combat and how it affected you. (You were scared. You thought you were going to die, etc.). Many veterans are afraid to mention certain situations when they killed people for fear of charges being brought against them. This will not happen. Killings during combat are for survival. The government would have to prove you killed on purpose without just cause, and in the case of enemy troops and civilians, this is not possible.

Many of these ten points overlap with each other. You must try to put them in some kind of order. Think about what you want to say for a few weeks before writing it down. Then try to arrange your thoughts in some kind of order. The best solution is to be brief and to the point. This is difficult for many veterans, which is why so many veterans with PTSD never follow through with a claim. The best average length for a stressor letter is not more than four pages single-spaced.

  0%

Neurotic symptoms which may somewhat adversely affect relationships with others but which do not cause impairment of working ability.

 10%

The psychoneurotic disorder produces mild social and Industrial Impairment.

 30%

The symptoms result in such reduction in Initiative, flexibility, efficiency, and reliability levels as to produce definite Industrial Impairment There will be definite impairment in the ability to establish or maintain effective and wholesome relationships with people.

 50%

The veteran’s ability to establish or maintain effective or favorable relationships with people is considerably impaired. By reason of psychoneurotic symptoms the reliability, flexibility, and efficiency levels are so reduced as to result in considerable industrial Impairment.

 70%

The disability severely impairs the veteran’s ability to establish and maintain effective or favorable relationships with people. The psychoneurotic symptoms are of such severity and persistence that there is severe impairment in the ability to obtain and retain employment.

 100%

The attitudes of all contacts except the most Intimate are so adversely affected as to result in virtual isolation in the community. Total Incapacitating psychoneurotic symptoms bordering on gross repudiation of reality with disturbed thought or behavioral processes associated with almost all daily activities such as fantasy, confusion, panic, and explosions of aggressive energy resulting in profound retreat from mature behavior will be present. He or she will be demonstrably unable to obtain or retain employment

 100-91

 Superior functioning in a wide range of activities. Life's problems never seem to get out of hand, is sought out by others because of his or her many positive qualities. No symptoms.

 90-81

Absent or minimum symptoms (e.g. mild anxiety before an exam), good functioning in all areas, interested and involved in a wide range of activities, socially effective, generally satisfied with life, no more than everyday problems or concerns ("e.g.. an occasional argument with family members).

 80-71

If symptoms are present, they are transient and expectable reactions to psychosocial stressors (e.g., difficulty concentrating after family argument); no more than slight impairment in social, occupational, or school functioning (e.g… temporarily failing behind in schoolwork).

 70-61

Some mild symptoms (e.g., depressed mood and mild insomnia) OR some difficulty in social, occupational, or school functioning (e.g., occasional truancy, or theft within the household), but generally functioning pretty well, has some meaningful interpersonal relationships.

 60-51

Moderate symptoms (e.g.. flat affect and circumstantial speech, occasional panic attacks) OR  moderate difficulty in social, occupational, or school functioning (e.g., few friends, conflicts with peers or co-workers).

 50-41

Serious symptoms (e.g., suicidal ideation, severe obsessional rituals, frequent shoplifting) OR any serious impairment in social, occupational, or school functioning (e.g., no friends, unable to keep a job).

 40-31