Veterans Can Find Help Applying to Upgrade Discharge for PTSD at New Website

Veterans looking for an upgrade to their punitive discharges related to behavior problems caused by post-traumatic stress disorder (PTSD) can find assistance at a new website: http://arba.army.pentagon.mil/adrb-ptsd.cfm

This initiative follows a recent directive to the Army’s Review Board Agency (ARBA) to help those veterans whose discharges were under “other than honorable” conditions, and who assert that they suffered from PTSD or related conditions that might have facilitated the misconduct that led to their discharge.

While this directive is focused on those veterans who served before PTSD was a recognized as a debilitating medical condition, it applies to all veterans (who have “other than honorable” discharges). This comes as welcome news for the thousands of Vietnam-era veterans who may have been given punitive discharges as a result of their conduct caused by PTSD.

The ARBA is the Army's highest level of administrative review for actions taken by lower level organizations, and it includes several boards that hear claims of soldiers and veterans who appeal unfavorable information in their personnel records – which include discharge statuses for veterans.

Upgrading one’s discharge can be crucial for veterans seeking benefits offered by Veterans Affairs. Less than honorable and other than honorable discharges are very often a disqualifying factor from benefits.

Veterans’ organizations, like the Vietnam Veterans of America, estimate that one third of the 250,000 other than honorable discharges issued to Vietnam-era veterans may have been PTSD-related. Three veterans organizations, along with five Vietnam-era combat veterans, recently filed a lawsuit in federal court seeking relief for those tens of thousands of veterans who fall into that category.

Under the new directive, veterans who were previously denied upgrades can re-apply and the ARBA will consider the case on a blank slate. However, this only applies to veterans with other than honorable discharges, and not those who were discharged under “less than honorable” conditions due to serious infractions.

While we do not work on discharge upgrades, if you have a VA disability claim you can contact attorney Kristina Derro at (800) 693-4800.

Stiggy’s Dogs Helps Veterans and Dogs Heal Together

Stiggy’s Dogs is a great charity dedicated to helping get veterans – and dogs – back on their feet. Stiggy’s rescues and trains shelter dogs to be psychiatric service dogs for military veterans living with Post Traumatic Stress Disorder (PTSD) or a Traumatic Brain Injury (TBI). The service is at no cost to the veterans.

The veteran-dog match making charity scored some nice publicity on Channel 4 recently (you can check out the report online at: http://www.clickondetroit.com/news/live-in-the-d/Live-in-the-D-Stiggy-s-Dogs/26726778).

While the charity has experienced growth in recent years, their mission has always been the same: to reintegrate veterans back into society. Veterans are matched with the dogs, and they train together for six months to one year, with each dog individually trained to meet its veteran’s unique needs.

With recent studies showing that one in eight soldiers returning home from Iraq and Afghanistan will experience some form of PTSD symptoms, the work of Stiggy’s Dogs is becoming even more important and pressing.

Stiggy’s Dogs was founded by Jennifer Petre in memory of her nephew, Benjamin (“Doc Stiggy”) Castiglione. Doc Stiggy dedicated his life to preserving and improving the physical and emotional health of those serving in his unit, and all who serve. He gave his life working as a Hospital Corpsman Third Class (HM3) in Southern Afghanistan, taking care of “his Marines” until September of 2009.

Since its founding, the charity has rescued countless dogs in addition to helping veterans. There are an estimated five million dogs sitting in shelters across America, many of whom will be euthanized. Many of these dogs could make an excellent service dog for a veteran living with PTSD or a TBI.

By uniting these dogs with those who have served our country, Stiggy’s Dogs is “Rescuing One to Rescue Another.”

Brigadier General Carol Ann Fausone (ret.) and the team at Legal Help For Veterans, PLLC has had the pleasure of working with Stiggy’s Dogs and helping them grow over the years. General Fausone currently serves on their board of directors. Please visit www.stiggysdogs.org to learn more about how you can help!

Like Stiggy’s Dogs on Facebook: https://www.facebook.com/stiggysdogs

And Follow them on Twitter: https://twitter.com/StiggysDogs

Gulf War syndrome is going to be for us what Agent Orange was for the Vietnam Veterans

Thousands of veterans who served during the Gulf War in the 1990s continue to report mysterious symptoms, especially short-term memory loss and debilitating fatigue, over 20 years later.

The collection of ailments that active duty soldiers and veterans reported after the operation to oust Saddam Hussein from Kuwait ended in 1991 were known as Gulf War syndrome, Gulf War illness and most recently, as chronic multi-symptom illness.

To address the health complaints of veterans, U.S. officials set up the Gulf War Registry, which involved self-reporting the kinds of ailments that the veterans had. As of March 31 of this year, the registry included a total of 145,612 veterans enrolled. That’s nearly one in five of those who were deployed.

Initially, military and Veterans Affairs officials said the ailments stemmed from post-traumatic stress disorder, which irked the veterans and legislators who wanted better explanations.

Over the years, the suspected culprits for gulf war illness have included the experimental anthrax vaccine and an anti-nerve agent pill given to soldiers before the war, exposures to chemical agents from the bombings of Iraqi chemical bunkers, fumes from the oil well fires that Saddam ordered, and other toxins in the environments.

US officials have said none of these factors are responsible for Gulf War syndrome. Coalition forces from Britain complained of similar symptoms as US soldiers, and the British soldiers were also administered a vaccine.

In response to concerns of French soldiers who took part in Desert Storm, the French government commissioned a health study, and the results were published in a 2006 report, which did not find clusters of ailments similar to those of US and British soldiers. The French soldiers were not given the anthrax vaccine in preparation for Desert Storm, and instead were given antibiotics, French officials said.

While progress may be slow, lawmakers in Washington are taking notice. Last month, Congressman Mike Coffman introduced the Gulf War Health Research Reform Act (House Resolution 4261), which gives greater independence to the Research Advisory Committee on Gulf War Illness from the Veterans Affairs Department.

Paul Sullivan, who helped write and pass the Persian Gulf War Veterans Act, had some scathing remarks for the VA. Sullivan accused the VA of blocking a 1998 law that supported research, treatment, and benefits for Gulf War veterans, and he supports a bill to give the VA Secretary greater authority to “remove the top VA leaders who continue failing the 250,000 ill Gulf War veterans."

The VA denied the allegations, saying they support the research efforts to improve veterans’ treatment and continue to welcome input and advice from the Research Advisory Committee.

Read more on the Stars & Stripes Report here: http://www.stripes.com/news/middle-east/gulf-war-illness-thousands-who-served-still-report-mysterious-symptoms-1.279132?=&utm_source=Stars+and+Stripes+Emails&utm_campaign=Daily+Headlines&utm_medium=email

Vietnam Vets file lawsuit against US military for discharge upgrades

Jim Fausone, Esq.

Veteran Disability Lawyer

Post-Traumatic Stress Disorder (PTSD) is a widely accepted disability today and I have been writing on the topic frequently. It was not always so. Now the condition is at the center of a lawsuit against the US Military. The lawsuit, which seeks class action status, could ultimately affect tens of thousands of veterans.

Five Vietnam War veterans sued the U.S. military on Monday, March 3, saying they were denied some veterans services after receiving other-than-honorable discharges for actions that resulted from PTSD.

The lawsuit called on the military to upgrade the discharges of veterans of the conflict who suffer from PTSD. Veterans need an honorable discharge status to receive benefits and services. However, the military did not recognize PTSD in the 1960s and 70s at the time of Vietnam.

According to the lawsuit, “The military gave these service members other than honorable discharges based on poor conduct such as unauthorized absence without leave, shirking, using drugs, or lashing out at comrades or superior officers. These behaviors, however, are typical of those who have recently experienced trauma and were symptoms of the veterans' underlying, undiagnosed PTSD."

The lawsuit further notes that the US armed forces now have procedures in place to diagnose PTSD and will offer honorable discharges to soldiers, sailors and airmen who suffer from the condition, but have not retroactively applied those benefits to Vietnam veterans.

The men involved in the lawsuit were 17-20 years old when they enlisted in 1967-70, and all are in their 60s today. One was the victim of a poison gas attack on his first day in Vietnam, and another’s duties included sorting through body parts of soldiers killed in combat.

Law students working in Yale’s Veterans Legal Services Clinic prepared the suit on behalf of the five veterans.

After repeatedly running into cases of veterans with PTSD who were effectively being denied benefits because of their condition, the law clinic decided to file suit. We applaud this effort and we recognize the problem is real and the court solution maybe a long shot.

At Legal Help For Veterans, our experienced staff can also help with PTSD claims. You can learn more about our PTSD veterans’ services at our website, http://www.legalhelpforveterans.com/practice-areas/post-traumatic-stress-disorder-ptsd/.

To read more about this lawsuit, see the Reuters report at: http://www.reuters.com/article/2014/03/03/us-usa-veterans-ptsd-idUSBREA2225S20140303

Also check out LHFV’s past blog on changing the stigma behind PTSD for veterans:

http://www.legalhelpforveterans.com/2014/03/a-new-way-to-erase-the-ptsd-stigma-for-vets/

On Their Own: Children of Veterans Facing Mental Health Issues

Jim Fausone, Esq.

Veteran Disability Lawyer 

We often report on the issues and hardships facing our nation’s veterans. But what many don’t realize is the impact these returning veterans have on families and their children. Life goes on after and life beyond the touching homecoming video clip or news report and it is not always a “happily-ever-after” scenario.

It's estimated that as many as 5 million kids have had a parent or sibling serve in Iraq or Afghanistan since 9/11. Approximately 30%, or 1.5 million, of those kids are significantly more likely to consider suicide and have mental health problems compared to non-military kids.

A recent 60 Minutes report told the story of 15 year old Abigail Barton, who expected her father, an Iraq War veteran, to return home and still be the “fun parent” that he was before he left. That was not the case.

Abigail’s older brother, Alex, attempted to commit after his dad returned home. Their mother said it has been “devastating” for her kids to see the changes in their father as he deals with the post-traumatic stress of Iraq. It is as if they, too, are dealing with PTSD.

And sadly, the Barton kids receive no help from their school or the VA.

The VA spent almost $500 million last year for PTSD treatments for veterans of Iraq and Afghanistan. But their family members may receive counseling "if determined to be essential to the effective treatment and readjustment of the veteran."

Simply put, veterans’ kids who have mental health issues are largely on their own, if they get help at all. Compounding the problem is a lack of awareness on this issue.

Christal Presley, who has started a group called United Children of Veterans, had a similar experience with her father, Delmer Presley, a Vietnam veteran. “While my dad was hiding away in his room, I would lock myself away in my room," Christal said in the 60 Minutes report. "I would vacillate between depression and rage just like my father."

Then, at the age of 30, Christal began picking up the phone to get her father to talk about the war. After dozens of phone calls, slowly, her father began opening up. And talking helped both Christal and her father.

After a lifetime of silence, Christal dared to go public and shared her story in a blog that went viral and eventually became a book. She's received emails from thousands of veterans and the children of veterans as far back as WW II. "I think part of me still feels the relief of, 'Christal, you're not alone,'" she told 60 Minutes. "And the other part of me feels so sad, because I wasn't alone."

Christal says that now she understands that talking and sharing your story can be a matter of life and death.

The stories of veterans’ lives upended by PTSD are all too familiar, however, we should not forget about their children whose stories are unknown – and children who are on their own in dealing with their mental health issues.

You can learn more about Christal Presley’s United Children of Veterans at her website, http://unitedchildrenofveterans.com/.

Watch the 60 Minutes report here: http://www.cbsnews.com/news/collateral-damage-the-mental-health-issues-facing-children-of-veterans/

A New Way to Erase the PTSD Stigma for Vets?

Jim Fausone

Veteran Disability Lawyer

Former President George W. Bush offered an interesting take on erasing the stigma that comes along with Post Traumatic Stress Disorder (PTSD) for military veterans: drop the “D” in PTSD.

At a summit convened on veterans’ issues, the former President said that the condition has been mislabeled a “disorder” and that simply calling it “post-traumatic stress” would go a long way toward removing the stigma for veterans coming home from Iraq and Afghanistan.

The summit was organized by the George W. Bush Institute — the former President’s policy think tank — to highlight how Americans can more effectively help the 2.5 million post-9/11 veterans move to civilian life.

It’s estimated that 11-20% of Veterans coming home from Iraq and Afghanistan suffer from PTSD, in addition to about 10% of Gulf War (Operation Desert Storm) vets, and about 30% of Vietnam vets. The condition has serious consequences beyond that of veterans’ health, especially their ability to find a job when returning home.

“Employers would not hesitate to hire an employee being treated for a medical condition like diabetes or high blood pressure,” said Bush. “And they should not hesitate to hire veterans with post-traumatic stress.”

While others, including high-ranking military officials have previously called for such a change, Bush is the most prominent individual to suggest that PTSD be viewed from a different angle.

Due to the stigma of the condition being a “disorder” – which makes it seem permanent – some veterans are reluctant to get help, while others are unaware of treatment options. Doctors who have been pushing for a name change — perhaps to “post-traumatic stress injury” — praised Bush’s stand as major progress.

PTSD can develop after a trauma in which an individual is harmed or feels the threat of physical harm – which can be triggered by events such as combat or by sexual harassment. Key aspects of the condition are recurring symptoms, such as reliving the event or avoiding situations reminiscent of the event.

Bush was also joined by Jill Biden, wife of vice president Joe Biden, as well as high-ranking military officials, non-profits and representatives from businesses such as Bank of America and 7-Eleven. Hopefully this push to erase the “D” from PTSD will continue and yield results – our veterans deserve it, and we owe it to them.

Read more on former President Bush’s speech here: 
http://www.dallasnews.com/news/metro/20140219-bush-wants-change-in-how-ptsd-is-handled.ece?nclick_check=1

For an overview of PTSD basics, check out the VA’s PTSD informational page: http://www.ptsd.va.gov/public/PTSD-overview/basics/how-common-is-ptsd.asp

PTSD – Irritable Bowel Syndrome Link is No Joke for Vets

When Senator Harry Reid requested more funding to the Department of Defense for research on Irritable Bowel Syndrome (IBS), it became a comedic punch-line in the news and in former Defense Secretary Robert Gates’s recent memoir.

However, the link between Post-Traumatic Stress Disorder (PTSD) and the risk of IBS is a real concern for veterans, according to national medical researchers. The Department of Veterans Affairs has determined that IBS is a disorder that can be classified as a disability if related to military service – though the exact cause of the syndrome is difficult to pinpoint.

"The link between being a veteran and having a higher risk of IBS is unclear, partly because the underlying cause [of IBS] is unclear" says Dr. Phillip Schoenfeld, a University of Michigan medical school professor and expert in gastroenterology, including IBS.

Certainly, stress induced from service during wartime may exacerbate symptoms by inducing chemical and hormonal changes. For example, one research finding is that female veterans suffering from PTSD are much more likely to have IBS than female veterans who don’t have PTSD, says Dr. Schoenfeld, who leads the gastroenterology division at the Ann Arbor VA hospital.

In 2010, Congress did request the Institute of Medicine and the National Academy of Sciences to begin a comprehensive review of best treatments for chronic multi-symptom illnesses, or CMI, faced by Gulf War veterans. The report confirmed a growing consensus that no “specific causal factor” will be identified for IBS, however “stress and crowded war theater conditions” that may exacerbate the spreading of infections are suggested as triggers for IBS.

Whatever the cause, the correlation between PTSD and IBS is no laughing matter for veterans. "Irritable bowel syndrome is a disorder that really compromises the daily lives of veterans," Dr. Schoenfeld says.

Schoenfeld further notes that while it is difficult to put a value on what disorders need more research dollars, IBS is not one that should be dismissed as having a negligible impact on veterans’ lives.

Learn more about the Institute of Medicine and the National Academy of Sciences’ study on CMI illnesses here: http://www.nap.edu/catalog.php?record_id=13539

Read more on the issue of PTSD and IBS here: http://www.npr.org/blogs/itsallpolitics/2014/01/16/263087761/doctors-say-reid-request-for-bowel-research-money-no-joke

Veterans Skype Therapy

Kristina Derro
Veterans Disability Lawyer

 

Unfortunately, post-traumatic stress disorder (PTSD) is an all too common condition for soldiers returning home after serving in Iraq and Afghanistan.  Many veterans choose to seek counseling to cope with this and other effects of their service overseas.

Recently, the Department of Veterans Affairs (VA) began a program by which these therapy sessions are conducted over the internet.  The veterans can see and interact with their counselor through a video-chat program such as Skype or Cisco Jabber.

 

In the long term, veterans using this “Skype therapy” progressed at the same rate as veterans receiving traditional face-to-face therapy.  Traditional therapy is never going away – but this new online therapy is only going to get bigger. 

Of course, there can be technical problems with online therapy such as pixilation, choppiness, and freezing.  If the internet connection is lost, that will end the session.  In one case, a study found that a therapist did not notice for three sessions that his patient was in a wheelchair.  Some also believe that this new approach will decrease empathy because the therapist is unable to shake the patient’s hand, hand tissue to a crying patient, or otherwise physically interact with the patient.

Even with the drawbacks, this new approach is certainly a blessing for veterans who do not live near a VA hospital or clinic.  These veterans will now have the ability to get the treatment they need from the comfort of their own home.

If you have questions about PTSD or benefits for veterans, contact Legal Help For Veterans, a practice group of Fausone Bohn, LLP, at 800-693-4800 or online at www.legalhelpforveterans.com. 

To learn more about the VA’s new online therapy program, please visit: http://www.stripes.com/news/veterans/skype-therapy-it-s-working-for-veterans-1.229089#.Udg7dhg-uZk.gmail

That is Not Fair

Jim Fausone

Veterans Disability Lawyer

 

Veterans have to really prove up PTSD to VA rating officials to receive about $25,000 a year in disability payments.  But here is a report of a student locked up and forgotten by DEA for five days and he gets $4.1 million from the federal government.  This is not fair.

A UC San Diego student who was forgotten in a Drug Enforcement Administration interrogation room for five days without food or water described the incident as a "really, really bad, horrible accident."

Daniel Chong, 25, will receive $4.1 million from the government to settle his claim.  For reasons that remain unclear, Chong was left for five days in a 5-by-10-foot windowless room without food, water or toilet facilities after being swept up in a campus raid on April 20, 2012.

He claims his quick weight loss allowed him to slip out of a pair of handcuffs.  He also claims to have suffered hallucinations and having to drink his own urine to survive. He tried to break a fire sprinkler to get water but failed.  He screamed for help but soon became too weak.

DEA employees found him covered in his own feces and severely dehydrated.  

Veterans are stuck pursuing claims within an administrative system.  Maybe if they had the right to file a civil suit, they could settle for fair and large dollar amounts.

 

 

New Study Suggests Traumatic Brain Injury from Sports May Be Behind Military Suicides

Traumatic brain injury from before combat may be partially to blame for the rise of veteran suicides, according to researchers.

The unusual number of sports players who experienced TBI (traumatic brain injury) and later committed suicide, and the number of military vets who experienced TBI while in combat and later committed suicide may not be a coincidence, say researchers.

"Research on traumatic brain injury is of utmost concern right now for veteran disability advocates," commented veterans disability lawyer James Fausone.  

A new study published in the journal JAMA Psychiatry has proposed a link between multiple concussions or traumatic brain injuries and suicidal actions later. In addition, the researchers found that a significant number of the men who experienced military-related TBI had a sports-playing history, which indicates that they may have experienced TBI on the playing field years earlier, as well.

The study, conducted by an Air Force psychologist, looked at 161 individuals sent to his clinic for suspected concussions. Those interviewed were asked about any history of head trauma, any battles with depression, PTSD or struggling with suicidal thoughts. The study concluded that many of the head injuries referenced by the study participants, in some cases as many as 6 injuries by one individual, were sustained prior to military service. Approximately 20 percent of the study participants reported that they experience concussion during their basic training, and some reports that they had sustained as many as 15 different head injuries during their tour of duty.

Post-traumatic stress disorder and depression are both high-risk factors for suicide, and combat experience typically would only increase their severity, said the researchers. Individuals who already experience one or both of these conditions and then join the service would explain why there are such high levels of suicide in the Armed Forces.

The researchers suggest that head trauma may set up a pre-existing disposition towards suicidal idealization or action which is then exacerbated by additional head trauma during combat. Exposure to an IED (improvised explosive device) buffets the brain within the skull by concussive shock waves, which can cause bleeding in the brain at numerous, hard-to-detect sites, causing damage. Subtle traumatic brain injury can be impossible to detect by an average physical; it is possible that many military personnel entered the service well enough to serve, and then subsequent damage further made them more susceptible to suicidal thoughts than someone who had not sustained sports-related concussions or other head injuries.

Source

http://www.pbs.org/wgbh/pages/frontline/foreign-affairs-defense/a-new-link-between-traumatic-brain-injury-and-suicide/

Veterans Need Better Mental Health Support From Veterans Administration, Study Shows

Though mental health support can literally save the lives of returning veterans, many must wait years for the help they need.

 

A new study has determined that vets with mental health conditions including post-traumatic stress disorder (PTSD) and depression typically must wait an average of two years after returning from deployment before their mental health issues are addressed by Veterans Affairs.

"When the vets do begin to receive mental health treatment, the study also found that care is often fragmented and not as effective as is needed," commented veterans disability lawyer James Fausone.

The study, published in the journal Psychiatric Services in December 2012, looked at vets of the Iraq and Afghanistan wars between 2001and 2011 processed by Veterans Affairs (VA) medical centers.  These men and women typically were given with eight sessions of mental health treatment, a number considered far lower than that in the civilian population looking for PTSD or depression support, and widely considered "minimally adequate." Seventy-five percent of vets who went to the VA for support did not even receive what researchers dubbed "minimally adequate care."

Numerous issues may delay mental health care for veterans, including the social stigma that still may longer around mental health issues for some people, including concern that seeking care may jeopardize future job prospects. The overburdened VA system also means that many vets have long waits to get appointments for initial assessment; the average wait for a mental health evaluation at the VA was 50 days, according to a 2012 report from the VA's inspector general.

The VA has announced that it is adding additional staff and partnering with community health centers to broaden support for veterans in their communities; 15 clinics in seven U.S. states are now able to treat veterans with the VA's approval.

But more is needed, say mental health advocates.  The VA inspector general's report found that approximately 30 percent of high-risk (i.e., potential suicidal) vets were not receiving the mandated multiple follow-up mental health visits within 30 days after an emergency hospitalization. There was no documented contact by the VA of even reaching out to those vets to remind them of follow-up appointments.

http://www.foxnews.com/health/2013/05/31/for-veterans-mental-health-care-often-fragmented/

Expert Advice Avoids Problem

James G. Fausone
Veteran Advocate
 

Sometimes we get asked: “Why do I need a law firm to help on my disability claims the doctors agree?”  About thirty years ago, I learned a very valuable lesson from a wise old trial judge.  Judge Stacey leaned over the bench and said in a stern voice, “keep talking counselor and you could lose this motion!”  You have to know when you have won and then shut up, sit down and claim the victory.  It is human nature to keep talking and trying to answer questions, even if not asked.  But, more often than not you just give the other side ammunition not to agree with you.

Controlling the flow of information to VA is equally important.  An example recently occurred with John Q. Veteran.  On May 5^th he underwent a complete PTSD review.  Upon our office reading the Disability Benefits Questionnaire (DBQ) form, we found the rating physician wrote “Total occupational and social impairment.”  This was one of those occasions the VA Comp & Pen report says everything you need.

A month later, John Q. Veteran went to his treating physician and received a letter addressed to the Department of Education that stated he is “totally disabled and is unable to work in any capacity.”

The PhD psychologist was specific and detailed in her conclusions.  The treating physician’s statement was general and for some other purpose.  If you sent in the physician’s statement, it may give VA a reason to stop focusing on the controlling DBQ and send out for consideration of the physician’s statement.  It is time to sit down and wait for the win.

Strides in Medical Research

Kristina Derro

Veteran Advocate

The wars in Iraq and Afghanistan have dragged on for over a decade now. Since 2001, the U.S. has sent more than 2.2 million troops to battle, more than 6,600 were killed, and 50,000 were injured. This is a dismal reality of war.

However, the strides that have been made in medicine as a result of the war are astounding. The signature wounds of both conflicts, post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), have led the Department of Defense to apportion hundreds of millions of dollars for research studies and treatment.

In the past six years, the Department of Defense has invested a minimum of $2.7 billion in understanding psychological and neurological injuries. $700 million has been apportioned for TBI research which has included an effort to develop a portable diagnostic tool for TBIs. Additional funding has gone towards researching combat wounds that failed to heal, partly attributable to unique bacteria present in Afghanistan.

The VA has its own set of priorities when it comes to researching. The VA is currently faced with rehabilitating veterans who have suffered complex wounds and are considered “polytrauma”, those who have sustained injuries to more than one organ system, or have severe brain injuries, or are amputees, or were severely burned. VA has worked on improving how it coordinates care to this group of veterans. It’s also worked on developing hearing and vision implants as well as robotic prosthetic devices. It even has pioneered its own TBI program which explores different treatment modalities like personalized medicine and nerve regeneration.

There are challenges in coordinating massive research programs and implementing them for our troops and veterans. A January 2012 report by the Government Accountability Office found that the Department of Defense’s mental health and TBI research needed better quality control mechanisms to report financial data. However, despite these limitations, some of the world’s best researchers and massive amounts of money are being utilized in an attempt to assist our nation’s troops and veterans.

Stop Banging Your Head

Jim Fausone
Veteran Advocate

We receive about 300 emails a month asking for help.  We try to sort out those VA disability claims where we can really help.  The first two rules are you have to have a current disability and then explain how it is service connected.  If you just feel entitled or need money or the government owes you for serving, it is not a claim that should be filed or re-filed.  If you do not have a legitimate claim, you are part of the 900,000 claims backlog and only clog the system.

Today I received an email stating, “I am at the point that I must procure legal representation for my claim.  I am on my third appeal.  Have been diagnosed with PTSD and have knee problems as well”.  The veteran was last denied in 2010.

If you wait until your third appeal, or second, to get help, then you are your own worst enemy.  Either you don’t have a legitimate claim (an attorney or VSO should tell you that) or you don’t speak VA’s language and you need professional help.

Stop banging your head against the wall.  Please get help earlier in the process.

Sexual Assault Bill

Jim Fausone
Veteran Disability Attorney

One of the saddest situations we help with involves military sexual trauma (MST). The rape of men and women in the military is a black stain on the Defense Department. The VA disability process only makes this stain more stubborn.  

We have developed an approach that looks at markers that show the MST even when it has not been reported.  The fact is that 70-80% of MST is not reported.  We often approach the VA process to prove the mental aspect of the MST, such depression, PTSD, etc.  We point out the fall off of performance ratings, discipline issues, AWOL, drug use, alcoholism or dark letters home. 

This unique problem is now getting Congressional attention. The Ruth Moore Act aims to reduce the standard of proof for victims of military sexual assault so that they can more easily obtain benefits, similar to how the Veterans Administration two and a half years ago relaxed the burden of proof for combat veterans with post-traumatic stress disorder.  The Ruth Moore Act, if it passes, would make it so that victims need only a diagnosis of a mental health condition and a link between the assault and that condition to receive benefits.  This is a step in the right direction. Let’s hope Veteran Service Organizations support this bill and Congress acts on this bill.

http://www.stripes.com/news/us/maine-woman-inspires-federal-bill-to-help-military-sexual-assault-victims-get-va-benefits-1.207371

 

Meditating Marines

Kristina Derro
Veterans Disability Lawyer
 

The U.S. Marine Corps has instituted a pilot program to study how mindfulness and meditation can assist its warriors in becoming even tougher. The goal is to make Marines even tougher through meditative practices, yoga-type stretching, and exercises based upon mindfulness. With a record high suicide rate this year and thousands of veterans seeking treatment for post-traumatic stress disorder, the military has been searching for ways to reduce strains on its members.

The Marine Corps officials are testing a series of brain calming exercises that they believe could enhance the performance of troops. The purpose is to mentally prepare the troops to better handle stress. Camp Pendleton will offer the eight-week course to about 80 Marines.

This class builds on a 2011 experiment involving 320 Marines whose results are set to be published this coming fall. In that experiment, 160 Marines were taught to focus their attention by concentrating on their body’s sensations, including breathing, in a period of silence. After learning these techniques, the 160 Marines went through a mock Afghan village with screaming actors and controlled blasts to expose them to combat stress. Their reactions and images of their brains were recorded. Another 160 Marines who did not have mindfulness training, acting as the control group, went through the same mock village and had their reactions recorded. The hypothesis was that the exercises help the brain better react to high-stress situations and recover more quickly from those episodes.

Proposed Veterans Court to Help Vets With Substance Abuse, Mental Illness

Jim Fausone
Veterans Disability Lawyer

Legislators in Missouri want a court created specifically for veterans.
 

Rep. Jay Barnes, R-Jefferson City, has drafted legislation requesting that Missouri circuit courts create a place specifically for current and former U.S. military who are struggling with substance abuse or mental illness issues. Barnes stated that the country owes it to the veterans to get them the treatment they need to get their lives back on track. The idea is supported by Rep. Charlie Davis, R-Webb City, who said the vet treatment court would run like a drug courts, where a judge would have the ability sentence a defendant to a rehabilitation facility or to perform some community service, without mandatory prison or jail time. Judges overseeing a veterans court can use the power of the court to force a vet to get treatment; proponents believe that recidivism rates for vets processed through a specialized vet court are lower than for those vets who do not go through a veterans court.

The court would be well-versed in Post-Traumatic Stress Disorder (PTSD) issues as well as Traumatic Brain Injury (TBI) issues, two conditions which can lead to law-breaking behaviors among military vets back in civilian life. According to a study in the Journal of Consulting and Clinical Psychology, vets with PTSD or TBI were far more likely than vets without either condition to be arrested. The bill currently proposed would not only help vets get treatment while taking into count their specific circumstances, the court would also be able to more efficiently deal with the backlog of veterans with court issues.

Objections that were previously raised in the Senate when discussing a veterans court included concerns from some that it would be used for veterans accused of committing violent crimes.

The veteran’s court model includes veteran mentors who assist with the program.  While some systems vary, generally, a collaborative team made up of the judge, probation officers, a public defender, and a Veterans Administration representative get together to review cases to decide which veterans will be admitted to veterans court for a multi-phase, long-term system.

The first veterans court of this type was put into place in Buffalo, New York, in 2008. As of 2011, there were no reports of recidivism among the vets who completed the Buffalo program. There are now more than 70 veterans courts in the U.S.

http://www.ncsc.org/Topics/Problem-Solving-Courts/Veterans-Court/Resource-Guide.aspx

http://ncsc.contentdm.oclc.org/cdm/ref/collection/spcts/id/233
http://www.economist.com/node/18775315

VA Malpractice Found $3.7 Million Awarded

Jim Fausone

Veterans Disability Lawyer

We hear from hundreds of veterans a month about VA disability claims or medical malpractice.  We understand the frustration of a veteran going it alone against the federal government.  When we have filed medical malpractice actions against the VA it seems like pushing water up hill. What gives you hope in these situations are stories like this one where a federal judge had the courage to find the VA's actions negligent and properly find for a veteran.

On January 16, 2013, Senior U.S. District Judge James M. Munley  awarded $3.7 million to an Iraq War veteran from who sued the U.S. Department of Veterans Affairs after his war-induced post-traumatic stress disorder worsened because the agency prescribed him the wrong medication and treated him over the telephone.    The ruling was in favor of Stanley Laskowski III, 34, and his wife, Marisol, after a civil nonjury trial before the judge at federal court in Scranton.  It took 3 years for the case to be heard for this Marine Sergeant. He was required to testify and relive the stressors that gave him PTSD in Iraq.

In Judge Munley's 69-page ruling, he agreed that clinicians with the local VA should never have prescribed Sgt. Laskowski new medications or changed his medications over the telephone to treat his PTSD.

Also when Sgt. Laskowski first sought help in April 2007, he was not treated by a physician for several months and instead dealt mainly with "physician extenders" - medical professionals like nurses and physician's assistants, the judge wrote.

In addition, clinicians did not immediately offer psychotherapy to help him overcome nightmares, paranoia, insomnia and flashbacks spawned by his gruesome wartime experiences, according to court testimony.

The lack of appropriate care worsened his condition, causing him to make the rash choice to break into a pharmacy in Olyphant and steal prescription medications, his attorneys argued.  So this case should give veterans and their attorneys hope that there are reasonable federal judges who will find the VA at fault.  This Pennsylvania veteran had to fight his demons since his discharge in 2007 without appropriate care. Let’s hope this award allows him to get the care he needs and encourages VA to help all those veterans who need its help.

http://thetimes-tribune.com/news/carbondale-veteran-awarded-3-7m-in-ptsd-case-1.1430479

Vietnam Veterans Are Suing the Military Over PTSD

Vietnam Veterans of America has joined a proposed class action lawsuit in Connecticut against the armed forces. The lawsuit, filed by a veteran last year against the Army, Navy and Air Force, states that Vietnam War-era veterans who suffered PTSD were discharged under other-than-honorable conditions which meant they were ineligible for disability and other benefits. The military has not reviewed or upgraded the discharge statuses of thousands of those vets with service-related PTSD. As John Rowan, national president of

Vietnam Veterans of America, said, PTSD was not understood by mental health professionals when those vets were in service.

"Now that diagnoses have been updated," says veterans’ lawyer James Fausone, "it seems perfectly reasonable that there are some vets who would like their discharge status changed to reflect that."

The U.S. Attorney's Office is currently reviewing the matter and plans to respond in court. The office is representing the military in this lawsuit, which was filed by Vietnam vet John Shepherd. Shepard says he was first diagnosed with PTSD in 2004, but repeatedly has had his discharge upgrade requests denied. Shepherd is being represented by Yale Law School students who are working at a Connecticut-based legal services clinic for vets. According to those students, the Army has approved less than 2 percent of Vietnam vet upgrade applications since 2003, in sharp contrast to the 46 percent of overall discharge upgrades. And, say the students, some of the vets who are being denied an upgrade have been formally diagnosed with PTSD by Veterans Affairs.

The students estimate that some 85,000 of the 250,000 other-than-honorably discharged Vietnam veterans had PTSD. Their PTSD was likely a factor in the discharges that were based on conduct including drug use, unauthorized absence without leave, and shirking.

Sen. Richard Blumenthal, D-Conn., is in support of the vets, and has reportedly been working in concert with the Yale Law Clinic and federal agencies to attempt to resolve the issue. He stated that though PTSD was not understood in the past, that should not preclude how cases are assessed now.

http://www.seattlepi.com/news/us/article/Vietnam-veterans-sue-military-in-Conn-over-PTSD-4087471.php

PTSD: Is it Real?

Jim Fausone
Veterans Disability Lawyer

It would be easy to get made about this. But many people feel free to comment that PTSD is not a real condition.  I suspect they mean it’s not an "injury" that you can attribute to a single act or event. It is not a sprained knee or back.  You have to remember that some people believe the following (1) man has never walked on the moon; (2) the earth is flat ; (3)  one's race impacts one's intelligence; (4) global warming does not exist; (5) there is no god  and a variety of other commonly held believes are not true just because. 

So when I hear about the veteran and PTSD haters talk about PTSD, I just lump them in the "it takes all kinds" category.   In 2011, the VA listed the three most common service-connected disabilities among veterans receiving federal compensation that year: tinnitus (ringing in the ears) at 10.9 percent, hearing loss at 7.5 percent, and PTSD at 5.3 percent.   According to the VA the percentage of veterans of World War II and Vietnam who obtained disability compensation is 11 percent and 16 percent, respectively.  

So does that mean PTSD has been faked for the last 70 years?  I don’t think so.  Despite exhaustive scientific studies that have explored the symptoms, causes, diagnoses, and prevalence of post-traumatic stress disorder, hardcore skeptics remain.  If you want to read about the skeptics see the following blog:

http://usnews.nbcnews.com/_news/2012/11/26/15395330-ptsd-may-be-overdiagnosed-but-ptsd-deniers-are-wrong-psychologists-say?lite