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"Never Again Will One Generation of Veterans Abandon Another"
"Proud Americans"
2nd Battalion, 32nd Field
Artillery, Sev. Battery, Tay Ninh and Cu Chi
National Center for PTSD The National Center for Post-Traumatic Stress Disorder (PTSD) was
created within the Department of Veterans Affairs in 1989, in response to a
Congressional mandate to address the needs of veterans with military-related
PTSD. Its mission was, and remains: To advance the clinical care and social
welfare of America's veterans through research, education, and training in the
science, diagnosis, and treatment of PTSD and stress-related disorders. This
website is provided as an educational resource concerning PTSD and other
enduring consequences of traumatic stress, for a variety of audiences.
http://www.ncptsd.va.gov/
What is Posttraumatic Stress Disorder? Posttraumatic Stress Disorder, or PTSD, is a psychiatric disorder
that can occur following the experience or witnessing of life-threatening events
such as military combat, natural disasters, terrorist incidents, serious
accidents, or violent personal assaults like rape. Most survivors of trauma
return to normal given a little time. However, some people will have stress
reactions that do not go away on their own, or may even get worse over time.
These individuals may develop PTSD. People who suffer from PTSD often relive the
experience through nightmares and flashbacks, have difficulty sleeping, and feel
detached or estranged, and these symptoms can be severe enough and last long
enough to significantly impair the person's daily life. The Posttraumatic Stress Disorder (PTSD) Alliance is a group of
professional and advocacy organizations that have joined forces to provide
educational resources to individuals diagnosed with PTSD and their loved ones;
those at risk for developing PTSD; and medical, healthcare and other frontline
professionals.
What is PTSD? The purpose of this guide is to assist you, the
veteran, or your survivor (s), in presenting your claim for benefits
based on exposure to psychologically traumatic events during
military service that has resulted in post-traumatic stress disorder
(PTSD). It is always best to seek the assistance of an experienced
veterans service representative when presenting a claim to the U.S.
Department of Veterans Affairs (VA). This guide describes the
VA's current programs for providing disability compensation to
veterans who suffer from PTSD, as well as for the survivors of such
veterans. Under current VA regulations, you can be paid compensation
for PTSD if you currently have a clear medical diagnosis of the
disorder, evidence that a sufficiently traumatic event (called a
“stressor”) occurred during active military service and medical
evidence that the in-service stressor is causally related to your
PTSD. Once the VA determines that your PTSD is service-connected, it
will then decide how seriously your symptoms impair your social and
industrial abilities (i.e., your capacity to start and maintain
personal relationships and your ability to work). The essential feature of Posttraumatic Stress Disorder is the development of
characteristic symptoms following exposure to an extreme traumatic stressor
involving direct personal experience of an event that involves actual or
threatened death or serious injury, or other threat to one's physical integrity;
or witnessing an event that involves death, injury, or a threat to the physical
integrity of another person, or learning about unexpected or violent death,
serious harm, or threat of death or injury experienced by a family member or
other close associate (Criterion A1). The person's response to the event must
involve intense fear, helplessness, or horror (or in children, the response must
involve disorganized or agitated behavior) (Criterion A2). The characteristic
symptoms resulting from the exposure to the extreme trauma include persistent
re-experiencing of the traumatic event (Criterion B), persistent avoidance of
stimuli associated with the trauma and numbing of general responsiveness
(Criterion C), and persistent symptoms of increased arousal (Criterion D). The
full symptom picture must be present for more than 1 month (Criterion E), and
the disturbance must cause clinically significant distress or impairment in
social, occupational, or other important areas of functioning (Criterion F).
It is
always an advantage, regardless of the nature of the disorder underlying a claim
for benefits, to have an experienced veterans service representative assist you
in the prosecution of a claim for VA disability compensation. These individuals
are familiar with veterans benefits law and procedures, and can provide more
effective representation than trying to handle the claim yourself. .
As discussed above, it is
always a good idea to obtain a service representative to help you present your
claim to the VA. VA rules and procedures are very complicated. It can be
frustrating and hazardous to go it alone. When to Apply: You should
notify the VA of the benefits you want at the earliest possible time. From
anywhere in the U.S., you can call the nearest VA Regional Office (VARO) by
using the following number: 1-800-827-1000. Do not wait until you have gathered
all of the evidence that you think you will need. Every day you delay can mean
another day of benefits lost forever. The VA regulation that
governs the adjudication of PTSD claims is title 38, Code of Federal
Regulations, section 3.304(f) (formally cited as 38 C.F.R. �� 3.304(f)).
Essentially, the regulation provides that service connection for PTSD requires
medical evidence of a current, clear diagnosis of PTSD, a link between current
PTSD symptoms and an in-service stressor that is established by medical
evidence, and credible supporting evidence that the claimed stressor actually
occurred. If the evidence establishes that the veteran engaged in combat and the
claimed stressor is related to combat, the veteran’s lay testimony alone can
establish that the claimed stressor occurred. The same applies to stressors
related to captivity where the evidence demonstrates that the veteran was a
prisoner-of-war. If the claimed stressor is not related to combat, the veteran
must prove its existence with evidence, such as service medical or personnel
records, unit records, morning reports, or buddy statements. You cannot be awarded
service connection for PTSD if you do not have a current, clear diagnosis of
PTSD. That diagnosis should come from a mental health professional
(psychiatrist, psychologist, psychiatric social worker or therapist). If at all
possible, work with a private mental health professional who has had experience
with treating PTSD, who understands the requirements for a clear diagnosis and
is willing to provide a detailed medical opinion letter or report that explains
exactly the reasons he or she concludes you have PTSD. If you have records that
document the in-service stressor, let your doctor review them prior to writing
his or her report. It is even better to provide your doctor with a copy of your
service medical records. You can request a copy of your service medical records
from the National Personnel Record Center in St. Louis, Mo., using a Standard
Form 180, Request Pertaining to Military Records. This form is available from
your representative or any VA office. You can also apply for a copy of your
service records online (
http://vetrecs.archives.gov ). To prevail in a
PTSD-based claim, you must establish that you have undergone a traumatic event
or events (called a stressor) during your military service that would support a
clinical diagnosis of PTSD. Unless your military records document that you were
in combat with the enemy, your claimed stressor must be documented. A
combat-related military occupational specialty (MOS) or combat-related awards or
decorations (e.g., Combat Infantryman’s Badge or a Purple Heart) are examples of
documented combat experience. However, if your service records do not
demonstrate a combat-related MOS or decorations and you assert that you had
experienced combat or enemy fire or attack, the VA is required to assist you in
obtaining documentation that supports your claim (including researching
government records) that could place you in a documented area of attack or an
isolated hostile incident.
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Once the VA
has awarded service connection or PTSD, it will then review the most current
clinical evidence of record to determine how the severity of your symptoms
impairs your social and industrial (ability to work) capacity. The VA has a
schedule of rating disabilities, located in title 38 C.F.R., Part 4. The VA has
established “Diagnostic Codes” (DC) for various medical and psychiatric
disorders, which include a description of the severity of related symptoms and a
corresponding disability percentage (called a “rating” or “evaluation”).
Although there are different DCs for covered psychiatric disorders, the VA
evaluates the level of disability due to psychiatric disorders under the same
criteria, regardless of the actual diagnosis. 38 C.F.R. §4.130, DC 9411, governs
PTSD ratings. This regulation provides graduated ratings of 0%, 10%, 30%, 50%,
70% or 100%. A 0% rating is noncompensable, This means that you have
service-connected PTSD, however, there is little or no impairment as a result.
VA compensations payments begin at 10% and increase at each rating level. You do
not help yourself if you simply dump a pile of loose records on the
VA. Organize the records and explain their significance in a letter
you and your representative prepare together. Once the VA regional
office makes a decision with respect to your claim, you (and your
service representative) will receive a notice of that decision which
explains the reasons for the VA’s determination. Read the notice
carefully and discuss it with your representative. Your appeal
should address the specific reasons why the VA denied the claim or
awarded a rating that is too low or an effective date that is too
late.
The law
allows the VA to limit the amount of compensation to veterans who
are incarcerated for a felony conviction (i.e., you may receive
compensation at the 10% level). The withheld compensation, however,
can be "apportioned" to your family. If you cannot obtain a VA
examination while in prison, try to obtain a detailed medical report
from your facility's doctor/psychiatrist or a private one. Ask the
doctor to use the criteria in the VA’s rating schedule as a guide.
The VA
operates a network of Vet Centers throughout the country that
provides treatment for veterans suffering from PTSD. Treatment at
Vet Centers is often conducted with a group of veterans. Sometimes
the VA will pay for treatment by a local mental health professional,
if services through the nearest VA are not readily available. To
apply for this "fee basis" care, contact your nearest VA medical
center.
The VA
generally offers no assistance to children of veterans, unless the
veterans have been rated at least 30% service-connected disabled.
Such veterans can receive a dependents' allowance. Children of
veterans considered permanently 100% disabled are also eligible to
education assistance and health care through its CHAMPVA program.
Veterans with PTSD may be able to obtain Social Security benefits,
even if the VA refuses them veterans benefits. The Social Security
Administration (SSA) offers both disability insurance (SSDI) and
supplemental security income (SSI) benefits. Veterans can receive
both SSDI and VA disability compensation without an offset. Unlike
VA compensation benefits that are measured in degrees of disability,
SSA benefits require a total disability that will last at least one
year. If you cannot work because of your PTSD, contact the nearest
SSA district office (800-772-1213). Vietnam Veterans of America is a
non-profit, congressionally chartered veterans service organization, dedicated
to helping Vietnam-era veterans and their families obtain all the benefits and
services to which they are entitled. Our service representatives, however,
represent veterans from all wars and eras. VVA is located at 8605 Cameron
Street, Suite 400, Silver Spring, MD. 20910. Contact us at: (301) 585-4000
(telephone); (301) 585-0519 (fax); veteransbenefits@vva.org (e-mail
There
are limits on when you can pay a lawyer to help you with a VA claim.
Generally, you can hire a lawyer only after the BVA has decided your
claim. Many lawyers work on a contingency basis that means you do
not have to pay them a fee up front. If you do not win benefits, you
will not have to pay a fee. Some private lawyers and some legal aid
or legal services offices provide representation free of charge at
all stages of a VA claim.
America, Just Lost Her Freedom of Expression!
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"Puget
Sound PTSD specialists call the disorder one of the "hidden wounds of war."
http://joshua-omvig.memory-of.com/About.aspx
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These songs were written by Dane Brown, a Former Marine Vietnam Combat
Veteran.....If you THINK you have ever experienced Raw Emotion,
then think again !!! Read what some of his listeners are
saying............http://cdbaby.com/cd/o127g
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August 15, 1966 through August 13, 1967.

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A National Center for PTSD Fact Sheet
PTSD is marked by clear biological changes as well as psychological
symptoms. PTSD is complicated by the fact that it frequently occurs in
conjunction with related disorders such as depression, substance abuse, problems
of memory and cognition, and other problems of physical and mental health. The
disorder is also associated with impairment of the person's ability to function
in social or family life, including occupational instability, marital problems
and divorces, family discord, and difficulties in parenting.
http://www.ncptsd.va.gov/facts/general/fs_what_is_ptsd.html
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Who we are.
http://www.ptsdalliance.org/home2.html
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VVA's GUIDE on PTSD
Page Links:
Tips on Working with Your Service Representative
Get Help
Apply
Develop Evidence
Establish Diagnosis
Establish Stressor
How the VA Evaluates Levels of Disability
How to Respond to the VA's Decision
Incarcerated Veterans
VA Medical Services
Help for Children
Social Security Benefits
Vietnam Veterans of America
Lawyers
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PURPOSE
This guide does not address treatment techniques, but does provide
suggestions for obtaining the appropriate care. Additional resources
are available to help you to better understand what other VA
programs may be available to you.
PTSD is not a new problem. It is simply a more recent label for an
age-old disorder that has been in existence since stone-age warriors
were beating each other with clubs. Around 1980, the American
Psychiatric Association designated PTSD to describe a delayed-stress
syndrome commonly experienced by combat-veterans. This condition had
previously been referred to as “shell-shock” and “war/combat
neurosis”. Although PTSD is often associated with Vietnam veterans,
it appears in veterans of all wars and eras.
There have been many changes in the VA's rules involving PTSD since
1980 and some additional changes are expected soon as a result of
new understanding about PTSD. Recent decisions by the U.S. Court of
Appeals for Veterans Claims have also forced changes in how the VA
processes PTSD claims. It is important to keep up with these changes
by accessing the VVA website (
www.vva.org ), as well as the VA’s website (
www.va.gov ) for the latest information. You can also contact a
VVA service representative in your area to answer any questions that
you might have about PTSD or the claims adjudication process in
general ( www.vva.org , click
on “Veterans Benefits”, then on “Service Representatives” and select
your state of residence).
We have included in this guide a short description of what to do if
the VA denies your claim or establishes an unjust rating percentage
for your disability.
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The Diagnostic and Statistical Manual of Mental Disorders, Fourth
Edition (1994) (DSM-IV) describes PTSD as follows:
Diagnostic Features
Traumatic events that are experienced directly include, but are not
limited to, military combat, violent personal assault (sexual assault, physical
attack, robbery, mugging), being kidnapped, being taken hostage, terrorist
attack, torture, incarceration as a prisoner of war or in a concentration camp,
natural or manmade disasters, severe automobile accidents, or being diagnosed
with a life-threatening illness. For children, sexually traumatic events may
include developmentally inappropriate sexual experiences without threatened or
actual violence or injury. Witnessed events include, but are not limited to,
observing the serious injury or unnatural death of another person due to violent
assault, accident, war, or disaster or unexpectedly witnessing a dead body or
body parts. Events experienced by others that are learned about include, but are
not limited to, violent personal assault, serious accident, or serious injury
experienced by a family member or a close friend; learning that one's child has
a life-threatening disease. The disorder may be especially severe or long
lasting when the stressor is of human design (e.g., torture, rape). The
likelihood of developing this disorder may increase as the intensity of and
physical proximity to the stressor increase.
The traumatic event can be reexperienced in various ways. Commonly,
the person has recurrent and intrusive recollections of the event (Criterion B1)
or recurrent distressing dreams during which the event is replayed (Criterion
B2). In rare instances, the person experiences dissociative states that last
from few seconds to several hours, or even days, during which components of the
event are relived and the person behaves as though experiencing the event at
that moment (Criterion B3). Intense psychological distress (Criterion B4) or
physiological reactivity (Criterion B5) often occurs when the person is exposed
to triggering events that resemble or symbolize an aspect of the traumatic event
(e.g., anniversaries of the traumatic event; cold snowy weather or uniformed
guards for survivors of death camps in cold climates; hot, humid weather for
combat veterans of the South Pacific; entering any elevator for a woman who was
raped in an elevator).
Stimuli associated with the trauma are persistently avoided. The
person commonly makes deliberate efforts to avoid thoughts, feeling, or
conversations about the traumatic event (Criterion C1) and to avoid activities,
situations, or people who arouse recollections of it (Criterion C2). This
avoidance of reminders may include amnesia for an important aspect of the
traumatic event (Criterion C3). Diminished responsiveness to the external world,
referred to as "psychic numbing" or "emotional anesthesia," usually begins soon
after the traumatic event. The individual may complain of having markedly
diminished interest or participation in previously enjoyed activities (Criterion
C4), of feeling detached or estranged from other people (Criterion C5), or of
having markedly reduced ability to feel emotions (especially those associated
with intimacy, tenderness, and sexuality) (Criterion C6). The individual may
have a sense of foreshortened future (e.g., not expecting to have a career,
marriage, children, or a normal life span) (Criterion C7).
The individual has persistent symptoms of anxiety or increased
arousal that were not present before the trauma. These symptoms may include
difficulty falling or staying asleep that may be due to recurrent nightmares
during which the traumatic event is relived (Criterion D1), hyper-vigilance
(Criterion D4), and exaggerated startle response (Criterion D5). Some
individuals report irritability or outbursts or anger (Criterion D2) or
difficulty concentrating or completing tasks (Criterion D3).
Keep in touch: You should talk to your representative at least once
per month while your claim is pending. Whenever you get mail from the VA, call
your representative to make sure that he or she has received a copy (as required
by VA regulations) and that you understand exactly what it means.
Ask questions: If you do not understand something about your claim,
ask about it. Part of your service representative’s responsibility is to ensure
that you understand the claims process.
Exercise your judgment: Your service representative is charged with
acting in your best interests. However, you are the ultimate decision maker with
respect to your claim. Your service representative will tell you if he or she
disagrees with what you want to do and why. They can make recommendations, but
must do as you instruct. Note that the law permits service representatives to
resign if there are true fundamental disagreements.
Insist that your service representative:
discuss your case with you;
be familiar with your VA claims file and all of the evidence;
be able and willing to discuss what VA regulations require to win
your case and what evidence is needed to prevail;
discuss your case and what to expect with respect to personal
hearings;
submit a written statement to the VA before a personal hearing. He
or she should let you read the statement before it is submitted.
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Veterans service organizations, as well as state and county
departments of veterans affairs offer their services without charge. No matter
whom you select to represent you, it is important that you be personally
involved in your case and make certain that everything that should be done, is
done.
Although it can be a difficult task, shop around for the best
advocate. Talk to the prospective representative; ask if there are any limits on
his or her representation; get a feel for the person who will be working for you
before you sign a power of attorney appointing the person as your
representative.
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Warning: Do not be discouraged by a VA employee who says you are not
entitled to benefits. Put your claim in writing and insist on a written reply
from the VA.
How to Apply: To apply, send the VA a letter stating that you have a
problem with your nerves, emotions, etc., that arose out of your military
service. This is called an informal claim and will count as an application
(although you will eventually be required to submit a formal application on VA
form 21-526). If you have not heard from the VA within one month, you should
call to confirm that your application has been received. If you have applied
before, been denied and did not file a formal appeal, send a letter that states
that you wish to reopen your claim with new and material evidence.
What to Apply For: The VA offers monetary benefits to veterans with
service-connected disabilities (under its disability compensation program) and
to veterans with serious nonservice-connected disabilities (under its pension
program). Survivors may be entitled to benefits if the VA determines that the
veteran had a service-connected disability that caused, or substantially
contributed to cause, the veteran’s death. (See below).
Who Can Apply: A claim for PTSD is not limited to veterans who
participated in combat with the enemy. For example, sexual assaults, vehicular
accidents, being a victim of a crime or other sufficiently traumatic events
during service can support a diagnosis of PTSD for VA claims purposes. Merely
being in stressful situations, or being “stressed-out” generally will not be
sufficient.
Sometimes a veteran’s survivor, including spouses, children and
dependent parents can apply for service-connected death benefits (Dependency and
Indemnity Compensation or DIC program) or for the nonservice-connected death
benefits (pension program). A survivor might be able to show that a veteran with
service-connected PTSD died as a consequence of a disease that was secondary to
PTSD, e.g., cardiovascular disease, substance abuse (in certain cases).
WARNING: If you have applied in the past and were denied, you may
have a hard time reopening your claim. There is no specific VA application form
to use to reopen your claim, but there are specific rules you must follow in
terms of the evidence required in order for the VA to reopen the claim. Consult
your service representative for details on what kind of "new and material
evidence" you need to present.
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Where the claimed stressor is a personal or sexual assault,
evidence from sources other than the veteran’s service record may be used to
corroborate the veteran’s account. Such sources include records of law
enforcement authorities, rape crisis or mental health counseling centers,
physician or hospital records, tests for pregnancy or sexually transmitted
diseases, statements from family, friends or fellow service personnel, evidence
of changes in behavior or performance, and requests for transfers.
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Frequently, veterans with PTSD may have other diagnoses, e.g.,
personality disorder or substance abuse. It is very important that your doctor
explain how your current diagnosis of PTSD relates to any other psychiatric
disorder that you might have. If there is a history of alcohol or drug abuse,
the doctor should state whether it preexisted PTSD or not and whether substance
abuse developed because of PTSD (i.e., self-medication).
You can expect the VA to contact you for evidence or for permission
to request copies of your medical records. If the VA has treated you for your
PTSD, make sure to ask that the VA obtain all records from the treatment center.
The VA may schedule you for an examination by one of its doctor at
a VA hospital or clinic. This examination (called a compensation or pension (or
C&P) examination) is intended to confirm a diagnosis of PTSD and, if present, to
describe the nature and severity of its symptoms. Bring copies of any prior
psychiatric treatment records to the examination with you. If you do not have
records of recent treatment for PTSD, you can specifically request that the VA
provide you with a C&P examination.
If you do not already have a private doctor's report, you should
expect the VA doctor to ask many questions about what symptoms you have, when
you began to have them and how often and how long you have had them. Some of the
hardest questions will be about the stressful experience you had. You will need
to be able to describe in detail (and sometimes painful detail) exactly what you
experienced. You might also be asked to take a written, standardized diagnostic
test.
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You are entitled to one copy of your entire VA claims file (or
C-file) without charge. If you have ever had any official contact with the VA
that relates to a claim for benefits, your claims file should contain all of the
service and post-service medical records that the VA has, as well as any
correspondence to or from the VA and adjudication-related documentation.
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The VA has adopted the criteria established in the DSM-IV as the
basis for its psychiatric ratings, including PTSD. There is also a diagnostic
matrix called the Global Assessment of Functioning Scale (GAF) that is used to
determine your level of disability. The lower the GAF score, the higher the
level of social and industrial impairment. Section 4.130 is reproduced below.
You can share this with your psychiatric provider of care, who can prepare a
report or opinion letter for submission to the VA that describes your level of
impairment.
Bear in mind that even if the severity of your symptoms do not
satisfy the diagnostic criteria for a 100% (or total) evaluation under the
rating schedule, if your rating is high enough, another VA regulation (38 C.F.R.
§ 4.16) allows the VA to pay you at the 100% level if medical evidence
demonstrates that your are unable to obtain or maintain substantially gainful
employment as the result of your service-connected PTSD. The technical term for
this is a total rating on the basis of individual unemployability due to
service-connected disability (TDIU or IU).
38 C.F.R. § 4.130, DC 9411
General Rating Formula for Mental Disorders:
Total occupational and social impairment, due to such symptoms as:
gross impairment in thought process or communication; persistent delusions or
hallucinations; grossly inappropriate behavior; persistent danger of hurting
self or others; intermittent inability to perform activities of daily living
(including maintenance of minimal personal hygiene); disorientation to time or
place; memory loss for names of close relatives, own occupation or own name
…………………..100%
Occupational and social impairment, with deficiencies in most
areas, such as work, school, family relations, judgment, thinking, or mood, due
to such symptoms as: suicidal ideation; obsessional rituals which interfere with
routine activities; speech intermittently illogical, obscure, or irrelevant;
near-continuous panic or depression affecting the ability to function
independently, appropriately and effectively; impaired impulse control (such as
unprovoked irritability with periods of violence); spatial disorientation;
neglect of personal appearance and hygiene; difficulty in adapting to stressful
circumstances (including work or a worklike setting); inability to establish and
maintain effective relationships ...................................... 70%
Occupational and social impairment with reduced reliability and
productivity due to such symptoms as: flattened affect; circumstantial,
circumlocutory, or stereotyped speech; panic attacks more than once a week;
difficulty in understanding complex commands; impairment of short- and long-term
memory (e.g., retention of only highly learned material, forgetting to complete
tasks); impaired judgment; impaired abstract thinking; disturbances of
motivation and mood; difficulty in establishing and maintaining
Effective work and social relationships ………………..50%
Occupational and social impairment with occasional decrease in work
efficiency and intermittent periods of inability to perform occupational tasks
(although generally functioning satisfactorily, with routine behavior,
self-care, and conversation normal), due to such symptoms as: depressed mood,
anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep
impairment, mild memory loss (such as forgetting names, directions, recent
events) ............................ 30%
Occupational and social impairment due to mild or transient
symptoms which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms controlled by
continuous medication ..................... 10%
A mental condition has been formally diagnosed, but symptoms are
not severe enough either to interfere with occupational and social functioning
or to require continuous medication .............................. 0%
To find the current VA disability compensation monthly payment
rates, please go to the VA website at www.va.gov.
From the homepage, click on “Compensation”, then on “Rate Tables”. Additional
monthly payments may be available based on the beneficiary’s number of
dependents.
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The first step in appealing a claim is to send the VA regional
office a "Notice of Disagreement " (NOD). There is no official NOD
form. Generally, the NOD can be a written statement on VA Form
21-4138 (Statement in Support of Claim) or a letter that states that
you disagree with the decision. Be sure to include in your NOD the
date of the decision that you disagree with, which issues you
disagree with and that you intend to appeal those issues. You have
one year from the date of the VA’s notice of its decision to file
your NOD with the VA regional office. If you miss this deadline, you
can only reopen your claim based on new and material evidence or
establishing that the VA denial was the product of clear and
unmistakable error (which is very difficult to prove).
After the VA receives your NOD, you should receive a letter that
acknowledges your NOD. You will be asked whether you wish to have
your appeal sent to the Board of Veterans’ Appeals (BVA) in
Washington, D.C., or whether you wish to have your claim reviewed on
a de novo basis. The latter refers to the VA’s Decision Review
Officer (DRO) program. This is an informal appellate process within
the regional office. The DRO has the authority to reverse or modify
a VA rating board decision. We recommend that you seek DRO review
before you request a BVA appeal. The DRO process is frequently
successful and is generally faster than going straight to the BVA.
If you do not receive a better decision from the DRO, you can still
appeal to the BVA.
Once the DRO has made a decision or has received your request for
BVA consideration, the VA will issue a “Statement of the Case”
(SOC). This document will explain the VA’s decision(s) in detail.
You have 60 days from the date of the SOC to file your substantive
appeal to the BVA on VA Form 9. (VA forms can be downloaded from the
VA’s “Compensation” website. You can even apply for benefits online
under “Vonapp” (Veterans Online Application)). Your appeal will then
be certified and forwarded to the BVA for consideration.
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There are also a few VA medical centers that offer intensive
inpatient care. If this is something you need, ask the nearest Vet
Center to help arrange for your admission.
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Please see our website for additional information and resources:
www.vva.org
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In addition, VVA’s
PTSD/Substance Abuse Committee is a valuable source of information about PTSD
treatment programs for both the individual veteran and his or her family. You
can contact the Committee through the www.vva.org
website.
Many other veterans service organizations offer a wide range of
services. Most states operate a department of veterans affairs and many states
have a network of county veterans representatives. To locate accredited
representatives, call or visit the nearest VA regional office.
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There is an organization of attorneys who regularly practice before
the Court of Appeals for Veterans Claims (which has jurisdiction
over BVA decisions). Its members are available to represent you at
the Court. For a list of these attorneys contact: the National
Organization of Veterans' Advocates (NOVA) at (800) 810-8387.
If no private practitioners are willing to represent you at the
Court, it might be possible to obtain pro bono representation
through the Veterans Pro Bono Consortium. The Court will send you
information about this opportunity if you file an appeal there.
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Copyright © 2004, Vietnam Veterans of America, Inc. All Rights
Reserved. ISBN 0-964-3980-4-4.
Segments of this guide may be excerpted or reproduced for
counseling, self-help, and scholarly purposes, but not for profit,
without further permission; we request only that proper credit be
given. Any other use requires written authorization of VVA, ATTN:
Director, Veterans Benefits Program, 8605 Cameron Street, Suite 400,
Silver Spring, MD. 20910.
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E-mail us at
veteransbenefits@vva.org
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hugh@vets-helping-vets.com or call us at {208} 573-7952
Also just put "Viet Nam"
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click the e-mail envelop below.
Thank You
Hugh C. Rowland
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