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      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
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    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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New Ptsd Regs

18 posts in this topic

Posted · Report post

This is GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

NOVA petitions the Court because the rule, as revised, established an arbitrary requirement that under certain conditions only Department of Veterans  Affairs ("VA") examiners can corroborate a stressor which a veteran claims caused his or her Post-Traumatic Stress Disorder ("PTSD").

Contrary to law, the Secretary failed to provide any basis for such a fundamental change to the longstanding acceptance of diagnoses  from qualified private examiners, and indeed there is no such basis. The Secretary thus exceeded his authority and promulgated an arbitrary rule elevating the opinion of a VA examiner over a private examiner.  This action threatens to harm vulnerable claimants who are being privately treated for PTSD but who are unable to persuade a VA-appointed examiner of the merits of their claim.

http://www.vawatchdog.org/10/nf10/nfsep10/nf092010-1.htm

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Posted · Report post

This is GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Berta,

Exactly what we've been in disagreement with, since the new reg came out.

Hopefully this part of the change will now get squashed.

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Posted · Report post

Exactly!

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I just heard that PVA is also challenging these new regs----YIPPEE!!!!!

if a veteran has a bonafide PTSD diagnosis from a real doctor -ooops I mean a private non- VA shrink-

and their claim is consistent as to the stressor stuff in the new regs-

or proven any other way ( PH ,CAR, CIB on DD 214)etc

and then some VA shrink says they DONT have PTSD- this independent diagnosis (with full medical rationale) should stand as probative evidence and be weighed by the VA accordingly and then warrant Benefit of Doubt. (meaning the veteran DOES have PTSD).

This part of the reg has got to be changed.(I call them new PTSD regs but,in essense, the new 'regs' are in fact an amendment.

They should be amended again.They deny valid PTSD vets claims -coming under the new criteria- to rise to the level of Relative Equipoise - and that means they are crapping on our rights under 38 USC.

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Posted · Report post

I think this is one of the most important legal issues veterans have today-the new PTSD regulations.

This is updated info from Rich Cohen of NOVA-he graciously just sent me the consolidated petition adding PVA and also Veterans of Modern Warfare , and National Veterans Legal Services Program to the petition filed with the Court on November 19th 2010.

This is a Biggy.

NOVA consolidation PTSD regs.pdf

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Posted · Report post

What I don't like is the new way is that it mandates the VA to say yes and outside medical opinion and other evidence may not count.

I am glad it is challenged but I see mostly more confusion and delays coming from this.

I remember when the PVA challenged AMC doing claims from the start what a mess that made.

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Posted · Report post

Stay tuned, this one is going to get interesting..

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I raised these issues in comment I made in Sept to the proposed regs-

It is stunning to me that VA has limited the ability of many PTSD veterans to prove their claims by a blatant rejection of private records or what appears to be a rejection even before the fact-of an IMO that could help the veteran's claim.I see this as potential discrimination against some veterans and a potential threat to any veteran if VA decides to use solely VA diagnosis for any disability they have.

In part my Federal Register comment stated:

"The proposed amendment to the PTSD determinations does recognize the inherent nature of warfare, as well as exposure to hostile and terrorist activities. It does not recognize however the inherent nature of the VA claims process."

"If a VA psychiatrist or.psychologist etc makes a finding that in their opinion the veteran has PTSD but not from a service connected cause, or event,would that veteran be able via appeal to have the right to a JSRRC verification process?"

"If a veteran had an independent medical opinion from a mental health provider with PTSD expertise-

would any nexus statement from this private provider be rejected? And if so why?"

"PTSD veterans have been denied-many times over the last 4 decades-in some cases because VA said their rendition of their stressor did not raise to the level of a stressor as defined by VA."

"Could they re-open those claims providing this potential amendment as evidence of new and material evidence?"

"Prior to the VCAA many veterans with PTSD were denied because the VA said their claim was “not well grounded”?

Could they re-open those claims providing this potential amendment as evidence of new and material evidence?"

These questions are still unanswered ones and the new regulations have yet to have any assessment from vet orgs etc as to whether they are truly helping these claims move faster and resulting in proper PTSD awards.

You are right John-

more to come on this one

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I hope this passes! I have a PTSD diagnosis from a civilian MD Psychiatrist, but my C&P examiner (psychologist) stated that I had many PTSD symptoms, but none were "severe" enough to warrant a full diagnosis of PTSD. The C&P examiner did Service Connect me with Anxiety Disorder NOS... so that was a positive for me.

Now I'm just waiting for the RO to finish gathering their information and send my claim to the decision phase...

I just heard that PVA is also challenging these new regs----YIPPEE!!!!!

if a veteran has a bonafide PTSD diagnosis from a real doctor -ooops I mean a private non- VA shrink-

and their claim is consistent as to the stressor stuff in the new regs-

or proven any other way ( PH ,CAR, CIB on DD 214)etc

and then some VA shrink says they DONT have PTSD- this independent diagnosis (with full medical rationale) should stand as probative evidence and be weighed by the VA accordingly and then warrant Benefit of Doubt. (meaning the veteran DOES have PTSD).

This part of the reg has got to be changed.(I call them new PTSD regs but,in essense, the new 'regs' are in fact an amendment.

They should be amended again.They deny valid PTSD vets claims -coming under the new criteria- to rise to the level of Relative Equipoise - and that means they are crapping on our rights under 38 USC.

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Posted · Report post

PTSD is an anxiety disorder and as long as the Anxiety disorder was service connected, this should garner you an award.

This concerns me greatly:

"I have a PTSD diagnosis from a civilian MD Psychiatrist, but my C&P examiner (psychologist) stated that I had many PTSD symptoms, but none were "severe" enough to warrant a full diagnosis of PTSD"

I wonder what the heck they meant by a "full" diagnosis.

The severity of PTSD symptoms is how PTSD is rated.

Did they give a medical rationale for their statement?

Still, it looks like your claim will succeed as long as there is a service nexus for the anxiety.

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Hi Berta - The VA examiner did not include the fact that I had panic attacks 2-3 times a week and very high anxiety almost every day for over a year and a half and he minimized my wife's "buddy statement" about how I've stopped going to a Bible study with three guys because they laughed at my when I panicked when hearing fireworks at a ball game. He also stated that my T-Score of 63 on the MMPI-2 did not warrant a full diagnosis even though I had MANY (although in HIS opinion) mild symptoms of PTSD.

His write up of the C&P exam didn't follow the "Best Practices" format for an initial evaluation of PTSD and he didn't even recognize my two bronze stars (no "V" device, but for meritorious service) as "combat awards". He stated that he didn't see any "combat awards" but did not that I had the Afghanistan Campaign Medal... There are many inconsistencies within the report where he contridicts himself such as stating that my occupational and social symptoms are "mild and transient" then later states that "the veteran's symptoms are partially managed on medications."

His last statement in the Summary & Conclusions & Function Imparment section was: "While the veteran does report significant subjective distress in relation to his reported symptoms, he outwardly shows only limited functional ipairment related to these symptoms." He didn't even mention my buddy statements from my wife, employer, and another service member stationed with me in Afghanistan... kind of made me feel like he believes that I'm just lying about all of my symptoms to get a check. :angry: Thankfully, my civilian psych has me on Lexapro and Xanex to help me get through the day, otherwise, I'd be sitting at the house and still trying to get out of bed!

Anyway, there's nothing I can do except wait and see how the RO rates me. Based on the VA examiner's C&P write up, I'm expecting SC-0% to SC-10%. Based on how my work life and home life have been affected, I feel that I'm around at least 30% to 50%...

I've been working with a friend that worked for the VA and he read my report and advised me to wait and see what the final rating is, then if it's low, to NOD it and state all of the inconsitencies in the C&P report.

Thanks for the reply!

OEF 21B

PTSD is an anxiety disorder and as long as the Anxiety disorder was service connected, this should garner you an award.

This concerns me greatly:

"I have a PTSD diagnosis from a civilian MD Psychiatrist, but my C&P examiner (psychologist) stated that I had many PTSD symptoms, but none were "severe" enough to warrant a full diagnosis of PTSD"

I wonder what the heck they meant by a "full" diagnosis.

The severity of PTSD symptoms is how PTSD is rated.

Did they give a medical rationale for their statement?

Still, it looks like your claim will succeed as long as there is a service nexus for the anxiety.

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Posted · Report post

If the VA wants to insist that a vet have every single PTSD symptom then nobody can get SC'ed for it. I don't trust the VA to be the arbitrator of who has and who does not have PTSD since they have a financial interest in the outcome.

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Anyway, there's nothing I can do except wait and see how the RO rates me. Based on the VA examiner's C&P write up, I'm expecting SC-0% to SC-10%. Based on how my work life and home life have been affected, I feel that I'm around at least 30% to 50%...

I've been working with a friend that worked for the VA and he read my report and advised me to wait and see what the final rating is, then if it's low, to NOD it and state all of the inconsitencies in the C&P report.

Thanks for the reply!

OEF 21B

OEF 21B,

I agree with your friend - just wait for now.

The very first step is to get service connection granted.

The second and third steps are the right percentages and the right effective dates.

You can't argue percentage granted or effective date prior to the

disability being SC'd.

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Yes- I agree with Carlie and John.

When did you file this claim?

I think you might fall into the new PTSD criteria here at hadit.

If so the VA has to consider the new criteria.

"I have a PTSD diagnosis from a civilian MD Psychiatrist, but my C&P examiner (psychologist) stated that I had many PTSD symptoms, but none were "severe" enough to warrant a full diagnosis of PTSD"

I raised this type of stuff with Congressman Filner some time ago- (Chairman H VAC) and have continued to

look into this-

The new PTSD regs do not allow evidence from an independent Mental Health provider to even be considered by the VA under the new regs.

My Dec 1 post here shows veterans advocates are taking action to correct what I firmly consider to be a major violation of our rights in 38 USC, perpetrated by the wording of the new PTSD regs.

"I think this is one of the most important legal issues veterans have today-the new PTSD regulations.

This is updated info from Rich Cohen of NOVA-he graciously just sent me the consolidated petition adding PVA and also Veterans of Modern Warfare , and National Veterans Legal Services Program to the petition filed with the Court on November 19th 2010.

This is a Biggy.

Attached File(s)

* Attached File NOVA consolidation PTSD regs.pdf (49.62K)

Number of downloads: 14 "

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Yes- I agree with Carlie and John.

When did you file this claim?

I think you might fall into the new PTSD criteria here at hadit.

If so the VA has to consider the new criteria.

Hi Berta - I filed my claim on 30 August 2010. I did not even have a diagnosis of PTSD when I filed the claim. I went to a civilian MD Psych on 18 Oct 10 (two days before my PTSD C&P on 20 Oct 10 at the Dallas VAMC) and he Dx'd me with MDD, PTSD, and Anxiety Disorder. I will say that the civilian MD Psych's Dx wasn't exactly "by the book" according to the DMS-IV critera, so that may also have been an issue, but his medical credentials should prove that he's not some fly-by-night-quack that's just handing out psych evaluations.

I am going to another civilian Psych that specializes in PTSD Dx and have another evaluation just to make sure that I have a valid "DMS-IV approved" diagnosis and will send that down to the VARO to add to my packet. I also have my first MH appointment with the VA on the 14th of December and will add that to my packet as well. From what I can tell on eBenefits, my case is still in the development phase and they are trying to vailidate my statements of panic attacks while I was in Iraq by my medical records at various Troop Medical Clinics.

Thanks for the reply!

OEF 21B

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OEF 21B,

I agree with your friend - just wait for now.

The very first step is to get service connection granted.

The second and third steps are the right percentages and the right effective dates.

You can't argue percentage granted or effective date prior to the

disability being SC'd.

Hi Carlie - Does the VA consider when the symptoms started for back-pay consideration?

I thought that if I'm SC'd and an award is made, that the "effective date" is the date that I submitted my claim... in my case, that would be 30 Aug 10. I stated that my symptoms first started in the fall (Aug/Sep 2008) during my last OEF tour on my claim.

Thanks,

OEF 21B

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As I posted, I would just wait for the decision.

Then if you have questions on effective date assigned or percentage

they could be answered. No way to accurately answer without a decision.

JMHO

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As I posted, I would just wait for the decision.

Then if you have questions on effective date assigned or percentage

they could be answered. No way to accurately answer without a decision.

JMHO

Thanks! Still patiently waiting... :rolleyes:

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