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thedrifter
03-25-09, 07:36 AM
Vet groups seek update in combat definition
By Kimberly Hefling - The Associated Press
Posted : Tuesday Mar 24, 2009 20:46:13 EDT

WASHINGTON — Veterans advocates told Congress on Tuesday that a World War II-era law requiring proof of participation in combat in order to receive certain benefits creates an unnecessary hurdle for veterans who served in Iraq and Afghanistan, but not on the front lines.

There is particular concern, they said, that the rule interferes with disability benefits for veterans with post-traumatic stress disorder whose trauma may not be documented by the military. PTSD can affect people who experience a traumatic event. Symptoms can include flashbacks and anxiety.

The mental disorder has affected service members in noninfantry roles such as truck drivers or cooks, who on today’s battlefields are vulnerable to roadside bombs or mortar attacks. They often lack a combat infantry badge or other documentation to prove their battlefield experience.

The VA has said that about half of all disability claims for PTSD are approved, and the majority of denials come because the veteran lacks evidence of injury related to their time in the service, according to a report last year from the Congressional Budget Office.

Female veterans, who are officially banned from infantry jobs but still experience combat in the current war zones, are among those having difficulty in obtaining the benefits, Carolyn Schapper, an Iraq War veteran, testified.

“The traditional understanding of female servicemembers’ military duties has been the biggest hurdle to getting them adequate compensation for their injury,” said Schapper, a member of the group Iraq and Afghanistan Veterans of America.

Rep. John Hall, D-N.Y., chairman of the House Veterans Affairs subcommittee, which held Tuesday’s hearing, said the law should be updated to define a combat veteran as any veteran who served in a combat theater of operations or in combat against a hostile force.

“There should be a better way for VA to assist veterans suffering from PTSD to adjudicate those claims without being burdensome, stressful and adversarial,” Hall said.

It’s estimated that if the law is changed, thousands more veterans would seek disability compensation for PTSD, potentially costing hundreds of millions of dollars annually. The CBO report said the average disability rating for a veteran with PTSD earned them about $543 a month.

Rep. Doug Lamborn, R-Colo., said he was concerned that changing the combat veteran definition could result in a reduction of benefits overall, and that “too loose” a definition could diminish the sacrifices of those “who actually did engage in battle with the enemy.”

Under the proposed change, a diagnosis of PTSD would still be required to obtain the disability benefits.

Organizations such as the Disabled American Veterans and the American Legion argue that Congress’ original intent was to include all combat veterans, but the VA has interpreted it otherwise over the years.

Bradley Mayes, director of Veterans Benefits Administration’s Compensation and Pension Service, told the subcommittee that changes have been made to make it easier for veterans with PTSD to qualify for disability compensation.

Antonette Zeiss, deputy chief officer for mental health services at the Veterans Health Administration, noted that the VA provides health care for five years for the recent veterans, so some veterans are getting treatment for PTSD even if they are not receiving disability benefits for PTSD.

Ellie

SSgt Ramsey
03-25-09, 08:15 AM
This is exactly the boat I'm in, and I think why I've been denied twice by the RO here in Virginia for PTSD. Even though I am diagnosed with "severe" PTSD and on meds for depression and anxiety, I have been shot down because I don't have a CAR, even though I actively participated in 3 named actions with the supporting ribbons/medals and SRB verification.

I am so irate with the VA "system" it's not even funny....I had to put myself in the ER at Johnson City TN to finally be talked to about my symptoms and they sent a rent a pig down to handcuff me (didn't work out too well for them :D).

I seen a LOT of messed up stuff during the NEO from Albania with the 26th MEU in 97' both on ship and in Albania on Combat Cargo. A Marine from 1/8 had his machine-gun bunker collapse on him, breaking his back and other very serious/life threatening injuries....I was one of the guys taking him from the helo into Flight Deck Triage...wounded people / dead coming off the helo's...just a nightmare...but according to the VA that's not traumatic.

In Sierra Leon in Africa, I seen a 10 year rold murdered, but that's not traumatic.

Or, while deployed with VMA-223 to Yuma, AZ for a desert-ex we went out one night. I'm not nor have ever been a big drinker...so I usually am the DD and I tried to be the voice of reason a lot of times. I went outside the bar one night, just to get some air as the place was rockin' and way too many people for me. I'm outside, minding my own business, and I hear 2 cars revving/accelerating quickly...I looked up the road and 2 cars were racing....then something went horribly wrong...the cars "bumped" and sent the outside car off the road into the sand/ditch at about 100 MPH....the car hit a pole and sounded like a small explosion and a can being ripped apart. A few of us ran across the street while another Marine called 911 to see if we could help in any way. The vehicle was totaled...windshield gone, no sign of occupants. I don't know how, but the driver got out somehow but was cut pretty badly....and he was in shock mumbling "my buddy"....so we start looking around and finally found his friend about 50' away from the car in pieces...his neck was at a "wrong" angle, just mangled....I threw my coat over him awaiting the Police and such....his friend was walking up and down the roadside screaming for him....he finally seen us huddled around a mass on the ground, and walked up....I think he knew what was up, but still shockey. He got down and held his friend, asking him to come back...we had to gently pull him away....nothing we could do....and siren's were heard soo thereafter. But, that's not traumatic....I still see that poor kid and hear his friend calling for him in my nightmares....

SSgt Ramsey
03-25-09, 09:17 AM
Another thing that really, REALLY ****es me off is that many/most of the people responsible for our ratings have NEVER served on active duty in any capacity...that's wrong...how the hell can they say definitively what we did or did not encounter??

Politicians are another thorn in my side. Most Senator's and Congressman are in the same group, but they are manipulated by the different lobby groups to go against veterans.

Hell, these MORONS are the asshats that make the legislation allowing the VA to deny and exploit claims, well, that's when the ****tards aren't hiding, shredding, or "losing" the documentation.

DocGreek
03-25-09, 10:00 AM
SAM....this is just my opinion, but I know men who were in the SAME position, as you. They EVENTUALLY received a C.A.R., by getting copies of their 201 File, and After Action Reports. If you DO NOT have these documents, PLEASE contact your LOCAL CONGRESSMAN, and.....because he wants your vote, he'll push hard, to get the paper work....."worked for me" (Fred Dryer quote!). From my first phone call, to my Congressman's Secretary....here, in town.....it took THREE WEEKS, to get my 201 File, and my After Action Reports!!! There were about 12 days missing, in BOTH reports, but I didn't give a DAM!! C.A.R., got me started on the right track! Took me 10 years to go from 50%, to 100%, but my life circumstances got so bad, the SHRINK, AUTOMATICALLY, put me in for 100%, P. & T., ONLY TOOK 3 WEEKS TO APPROVE!! I was in VERY BAD SHAPE!! PLEASE....DO NOT GIVE UP!!! FIND ANOTHER, TRUSTWORTHY VET TO "ASSIST"......NOT "HELP"!!!! MY PRAYERS ARE WITH YOU.....EVERY DAY!......PSYCHO....DOC

oldtop
03-25-09, 10:33 AM
SSgt Ramsey: Obtain the VA's PTSD Questionaire Form, briefly describe each of the incidents you mentioned, give the date of the incident to within 30-60 days, (the VA will not research more than a 30-60 day time period) and the geographical location of each incident. The VA will submit the info to the Army's research unit for verification, once verified, you have your proof of stressor. Award of the CAR, PH, etc is not necessary, but it does make getting service connection for PTSD easier.
REMEMBER: you need three things to WIN any claim: 1) a VERIFABLE in service incident( for PTSD this is referred to as a "STRESSOR"); 2) a current diagnosis of a disability (PTSD); and 3) a LINK between the incident and the condition (Doctor states that your PTSD is caused by one or more of the above stressors).
You might also get the write-ups for the awards you received for the referenced actions, if there is a statement in them to the effect that you (or the unit to which you were assigned) participated in "actions against a hostile force" you can use the write-ups as proof of a stressor as well.

Semper Fi

Top

SSgt Ramsey
03-25-09, 11:45 AM
Thanks Marine's...I've taken your advice and working on it...just frustrates me that we shouldn't have to go to these extremes to get the benefits we earned.

Their logic is flawed in awardment of PTSD diagnosis or compensation.

Say your a Doctor working at Al Taquaddum or any number of other medical facilities in Iraq or Afghanistan..you can't tell me that day after day seeing wounded, burned, KIA civilians and military that that doesn't effect you, but according to their guidlines, they can't get a PTSD claim as they don't (necessarilly) rate a CAR or CIB....that's wrong.

Another one is that say you're on a Navy ship, and your ship is awarded a CAR...you could be off watch, sleeping in your rack while this occured but because you are part of the ship, you automatically rate the ribbon.

It is NOT equal or just in it's assignment, and legislators have to change the criteria on a case-by-case basis with different criteria to make it more accessable to ALL service members across the board. Trauma doesn't have to be initiated by combat alone.

RhodeIsland
03-25-09, 11:51 AM
Thanks Marine's...I've taken your advice and working on it...just frustrates me that we shouldn't have to go to these extremes to get the benefits we earned.

Their logic is flawed in awardment of PTSD diagnosis or compensation.

Say your a Doctor working at Al Taquaddum or any number of other medical facilities in Iraq or Afghanistan..you can't tell me that day after day seeing wounded, burned, KIA civilians and military that that doesn't effect you, but according to their guidlines, they can't get a PTSD claim as they don't (necessarilly) rate a CAR or CIB....that's wrong.

Another one is that say you're on a Navy ship, and your ship is awarded a CAR...you could be off watch, sleeping in your rack while this occured but because you are part of the ship, you automatically rate the ribbon.

It is NOT equal or just in it's assignment, and legislators have to change the criteria on a case-by-case basis with different criteria to make it more accessable to ALL service members across the board. Trauma doesn't have to be initiated by combat alone.


Bro, All wounds are not suffered on the Battlefield alone.
A Stressor in Service is a Stressor.
Case by Case.

Rocky

SSgt Ramsey
03-25-09, 12:00 PM
I wholeheartedly agree, but based on the fact that I didn't meet the strict criteria for the CAR, they have denied me twice for benefits!!

This is wrong, it's criminal.

I was awarded the Armed Forces Expeditionary Medal, Armed Forces Service Medal, and Joint Merritorious Unit Award among others for Operations Guardian Retrieval, Silver Wake, and Joint Guard. These are ALL on my DD214 along with Sierra Leon Africa and Albania listed as combat expeditions. What else do those rat bastards want!!

RhodeIsland
03-25-09, 12:11 PM
You have to have your Dr. schedule you for a Compensation and Pension exam with a PHD at the V.A. Hospital. Go to the DAV office at the VA and sign the papers to have them represent you and everything will fall into place. That is why the DAV is there, to help you my Brother at no cost to you and with as little duress to you as possible.
This is the first step in the process.
Rocky

SSgt Ramsey
03-29-09, 10:01 AM
I've checked out the House Committee on Veteran's Affairs website and can't find this proposal or if it has/will be voted upon soon by Congress.

Anybody??

My Congressman, Rick Boucher, is actively involved now, and I've sent a letter to him and spoke with his secretary in the Abingdon office. She said he's getting a bit angry at both denials. Hopefully she wasn't just blowing smoke up my a$$.