New rule on PTSD claims, not enough of a change

It's a good start but leaves to many out of this. While it will reduce the number of claims in the backlog, it will not help enough of the veterans while they have already waited and suffered for years. Sorry but, not happy on this one at all. Why not get it right in the first place to include the veterans who have been misdiagnosed, dishonorably discharge with personality disorders, or use the presumption of stressor to all who have been deployed and diagnosed with PTSD but have still been unable to "prove" their case?
Why not include the women who have been sexually assaulted/raped and diagnosed with PTSD who have been unable to prove their legal case against their attackers?
What about the chemical exposures of depleted uranium along with other toxins still being reported from Iraq? What about the older veterans from the Gulf war and Vietnam who are still dealing with delays on their cases when the military has already documented what areas were exposed and when the exposures occurred?
Telling a veteran that if the DOD does the right thing then they don't have to reprove it all to the VA is really not that much of a benefit considering it has already been assumed this would be the case. This rule change does nothing to address the claims being denied and trapped in the appeal process. How many claims have been approved by the DOD that have been turned down by the VA? I doubt we're talking about very many.
Now, how many claims have been denied by the DOD and the VA only to be trapped on appeal? Seems to me that addressing those claims pronto would be a greater benefit to the veterans than doing something they thought was already being done. kc

[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]
[Page 64208-64210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc08-12]
=======================================================================

DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AN04

Posttraumatic Stress Disorder

AGENCY: Department of Veterans Affairs.

ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its adjudication regulations regarding service connection for posttraumatic stress disorder (PTSD) by eliminating the requirement of evidence corroborating occurrence of the claimed in-service stressor in claims in which PTSD is diagnosed in service. This amendment is necessary to facilitate the proof of service connection in such claims. By this amendment, we intend to reduce claim-processing time for such claims.

DATES: Effective Date: This interim final rule is effective October 29, 2008. Comments must be received by VA on or before November 28, 2008.

Applicability Date: VA will apply this interim final rule to claims pending before VA on the effective date of this rule, as well as to claims filed after that date.

ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or hand-delivery to the Director, Regulations Management (02REG), Office of the General Counsel, Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments should indicate that they are submitted in response to ``RIN 2900-AN04--Posttraumatic Stress Disorder.'' Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (727) 319-5847. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: The Secretary of Veterans Affairs has the authority to prescribe regulations governing the nature and extent of proof and evidence required to establish entitlement to benefits. 38 U.S.C. 501(a)(1). Under 38 CFR 3.303(a), one of the ways that service connection of a disability may be established is by affirmatively showing inception or aggravation during service of a disease or injury that resulted in that disability. However, in order to establish
service connection for PTSD in cases in which a veteran did not engage in combat with the enemy or was not a prisoner of war, current 38 CFR 3.304(f) requires: (1) Medical evidence diagnosing PTSD; (2) medical evidence establishing a link between a veteran's current symptoms and an in-service stressor; and (3) credible supporting evidence that the claimed in-service stressor occurred.

The longstanding requirement in Sec. 3.304(f) of credible supporting evidence that the claimed in-service stressor occurred is based on the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (1994) (DSM-IV), to which a diagnosis of a mental disorder must conform. 38 CFR 3.304(f) and 4.125(a). According to DSM-IV at 427, the first diagnostic criterion for PTSD is:

The person has been exposed to a traumatic event in which both of the following were present:

(1) The person experienced, witnessed, or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others

(2) The person's response involved intense fear, helplessness, or horror.

The symptoms of PTSD ``usually begin within the first 3 months after the trauma, although there may be a delay of months, or even years, before symptoms appear.'' DSM-IV at 426. Given the delay that may occur between the occurrence of a stressor and the onset of PTSD and the subjective nature of a person's response to an event, VA concluded, when it first promulgated Sec. 3.304(f) in 1993, that it is reasonable to require corroboration of the in-service stressor, a conclusion with which the United States Court of Appeals for the Federal Circuit agreed. 58 FR 29109 (1993); Nat'l Org. of Veterans' Advocates, Inc. v. Sec'y of Veterans Affairs, 330 F.3d 1345, 1351-52 (Fed. Cir. 2003). Also, according to DSM-IV at 424-25, a ``person commonly makes deliberate efforts to avoid thoughts, feelings, or conversations about the traumatic event * * * and to avoid activities, situations, or people who arouse recollections of it. * * * This avoidance of reminders may include amnesia for an important aspect of the traumatic event.'' We believed that it was reasonable for Sec. 3.304(f) to require corroboration of the occurrence of the stressor in order to substantiate aspects of the event that a veteran may not remember.

However, VA has found, based on claims submitted since September 11, 2001, that service members are increasingly being diagnosed with PTSD while still in service, rather than after discharge from service. The increased incidence of in-service diagnoses of PTSD is attributable to advances in medicine and increased monitoring of service members' mental health by the service departments. Given the ability to more quickly diagnose PTSD and the proximity between an in-service diagnosis of PTSD and the claimed occurrence of the stressor, VA no longer believes it is necessary to require evidence corroborating occurrence of the stressor in claims based on an in-service diagnosis.

We are therefore amending Sec. 3.304(f) to relax the requirements for establishing service connection for PTSD that was diagnosed in service. We are adding a new paragraph, which provides that, if the evidence shows that the veteran's PTSD was diagnosed during service and the claimed stressor is related to that service, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor. We believe that this change will contribute to faster processing of PTSD claims by eliminating the need for VA to develop evidence of occurrence of the in-service stressor in claims in which the veteran's PTSD was diagnosed during service.

For claims based on a postservice diagnosis of PTSD, we will continue to require credible supporting evidence of the occurrence of the claimed in-service stressor. The U.S. Court of Appeals for Veterans Claims (CAVC) has held that VA is ``not bound to accept [the claimant's] uncorroborated account'' of a stressor or a ``social worker's and psychiatrist's unsubstantiated * * * opinions that the alleged PTSD had its origins in appellant's [military service].'' Wood v. Derwinski, 1 Vet. App. 190, 192 (1991). Further, the CAVC stated that VA ``is not required to accept doctors' opinions that are based upon the appellant's recitation of medical history.'' Godfrey v. Brown, 8 Vet. App. 113, 121 (1995). A post-service diagnosis of PTSD is often based on a claimant's personal account of a stressful event that may have occurred many years before the doctor's examination. In order to ensure a competent and credible diagnosis of PTSD, there must be corroboration of the claimed in-service stressor. This standard is the same as that generally applied by VA when a post-service diagnosis of a disability is allegedly due to an injury incurred or disease contracted during service.

Also, we are eliminating the hyphen in the term ``post-traumatic stress disorder'' in Sec. 3.304(f) to reflect current medical terminology.

Administrative Procedure Act
In accordance with 5 U.S.C. 553(b)(3)(B), the Secretary of Veterans Affairs finds that there is good cause to dispense with the opportunity for prior comment with respect to this rule, which eliminates the need for evidence to corroborate the occurrence of a stressor in claims in which a veteran was diagnosed with PTSD during service. The Secretary finds that it is impracticable, unnecessary, and contrary to the public interest to delay this regulation, which will speed up processing of PTSD claims, for the purpose of soliciting prior public comment because the regulation relieves an unnecessary proof requirement for certain veterans disabled by service-connected PTSD who need VA benefits as soon as possible to compensate for loss in wage-earning capacity. For the foregoing reasons, the Secretary of Veterans Affairs is issuing this rule as an interim final rule. The Secretary of Veterans Affairs will consider and address comments that are received within 30 days of the date this interim final rule is published in the Federal Register.

Paperwork Reduction Act
This document contains no provisions constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Regulatory Flexibility Act
The Secretary hereby certifies that this interim final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This interim final rule will not affect any small entities. Only VA beneficiaries could be directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this interim final rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604.

Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Executive Order classifies a ``significant regulatory action,'' requiring review by the Office of Management and Budget (OMB), as any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

The economic, interagency, budgetary, legal, and policy implications of this interim final rule have been examined, and it has been determined not to be a significant regulatory action under the
Executive Order.

Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any year. This interim final rule would have no such effect on State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles
The Catalog of Federal Domestic Assistance program numbers and titles for this rule are 64.109, Veterans Compensation for Service-Connected Disability and 64.110, Veterans Dependency and Indemnity Compensation for Service-Connected Death.

List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits, Health care, Pensions, Radioactive materials, Veterans, Vietnam.

Approved: October 7, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

For the reasons set out in the preamble, VA is amending 38 CFR part 3 as follows:

PART 3--ADJUDICATION
1. The authority citation for part 3, subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless otherwise noted.

2. Amend Sec. 3.304(f) by:

a. Revising the paragraph heading and introductory text.

b. Redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by adding new paragraph (1).

c. Removing ``post-traumatic'' each place it appears and add, in its place, ``posttraumatic''.

The revisions and addition read as follows:

Sec. 3.304 Direct service connection; wartime and peacetime.

* * * * *
(f) Posttraumatic stress disorder. Service connection for posttraumatic stress disorder requires medical evidence diagnosing the condition in accordance with Sec. 4.125(a) of this chapter; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. The following provisions apply to claims for service connection of posttraumatic stress disorder diagnosed during service or based on specified in-service stressors:

(1) If the evidence establishes a diagnosis of posttraumatic stress disorder during service and the claimed stressor is related to that service, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.
* * * * *
[FR Doc. E8-25735 Filed 10-28-08; 8:45 am] BILLING CODE 8320-01-P

September 11th and 12th Congressional Veterans Affairs visit

A wonderful friend of mine, known as "Jackpot", Agnes "Irish" Bresnahan was in Washington DC doing what she always does, fighting for veterans. She sent this report about what went on. Anyone dealing with issues with the Department of Veterans Affairs should pay attention to all of this. If we cannot take care of Vietnam veterans after all these years, how can anyone expect that we will take care of the new veterans from Iraq and Afghanistan?

September 11th and 12th Congressional Veterans Affairs visit – Both the house and the senate membership



FINAL REPORT



I want to thank Fred, Irish, Helen, and Carl for being there and supporting these efforts. Some of this support and its’ outcome still must remain silent for now but it is ‘all’ good and may have landmark results for both Veterans and Widows to our 40-year war with our own government.


I handed out the self explanatory cover sheet as to what we proposing, evidence, and the bills so many have worked so hard to even get proposed that we demand they support, along with the ‘Issues CD’ and the ‘Veterans and Widows Testimonial CD’.



Those addressed the following with objective evidence:



· Backlog of Claims Issues

· Birth Defect Issues Associated

· All Site Cancer Issues Associated

· Dose Rate Issues

· Immune System Issues Associated

· Degenerating Neurological Issues Associated



One of the separate issues in my own personal March Order, separate from the intent of the trip, was the fraudulent activities that have gone on for decades now denying many of our issues. I handed out letters to those Committee Chairs that I thought should be involved outside of Veterans Affairs. Issues such as the purposeful exclusion of data in taxpayer paid for published reports. Purposeful exclusion that in 2005 the scientists in that government funded study looking for good/sound science and not government-controlled science had voted overwhelming to include the data found in studies of associations to dioxin and or demonstrated statistical found increases (i.e. increased risk of incidence) in the study of Vietnam Veterans with known levels of dioxin levels and MOS of mixing and dispensing the Rainbow of Militarized Herbicides in both defensive and offensive operations. Including those that did not participate in such activities but were indeed exposed which pretty much concluded dose rate was never an issue even when used against us in scientific factors of analysis.



This effort was not to the Veterans Affairs Committee membership; although I did include a copy of the letter and evidence I was submitting to the Government Oversight and Reform and Judiciary Committee’s. Explaining how it is we as victims and stakeholders over on one side trying to get those known issues associated and then having the government entities themselves working for the Executive Branch “purposefully exclude” scientific data that proves our case. A clear violation of the government’s own research integrity rules. The Executive Branch/DoD/Air Force must be challenged and held accountable. Even when told of the levels of mismanagement and scientific fraud this would bring forth before the publishing of such reports with the real facts found omitted, the Executive Branch/DoD/Air Force clearly made the decisions that they were indeed above the legal rules of government research integrity and decided, one would guess, for the betterment of those that indeed served this Nation in some of the most despicable actions one citizen can ask of another and then died or become disabled were not privy to the found scientific study facts paid for by the taxpayers. Of course, the Department of Veterans Affairs then cheered all these actions being able to continually deny Veterans and Widows their rightful Service Connected death and disability issues no matter how much evidence to the contrary is provided by the victim or stakeholder. A nice neat government circle of deception and deceit used for 40 years including the more recent Gulf War Issues.



I believe I made my point with objective evidence of such government actions and requested investigations begin immediately. Of course, nothing will be done as eight appointed federal prosecutors losing their appointed positions is much more important than millions in a segment of society being totally mislead and lied to by our own government. But I got that thorn out of my side that said this has got to be illegal, manipulative, and fraught with government collusion at some of the highest levels of our government. I guess they all protect themselves or their party and both political parties have been at fault; there is nothing new here that we did not know what was going on as far back as 1979. They just did it such a fashion this time to say we are above the law and have about zero integrity, especially since you Veterans and Widows are now “set aside and have no legal rights to anything,” much less justice from any form of legal “separation of powers” court. Those are reserved for criminals and terrorists to make sure they do have rights of redress.



Of course, this includes the Executive Branch Department of Defense denying many issues they knew were false denials with no repercussions. Lies resulting in nothing but Veterans Affairs denials for dead, dying, and disabled Veterans who served in combat in Laos and Cambodia. Yet, Executive Branch Department of Defense knew during those lies that their own reports released such as one example in “Corona Harvest the Defoliation of Southeast Asia” clearly defined OPERATION Ranch Hand missions beginning as early as 1964 in those nations. Meanwhile Veterans Affairs applauds the lies even when Veterans show them the published Department of Defense reports that were formally secret documents that clearly demonstrate the lies made by the Executive Branch Department of Defense. Evidence means nothing in this circle of government deception and deceit used for 40 years including Gulf War Issues to deny Veterans and Widows service connection in death and disability created by our own government. And this is just one example of many including the inclusive dates for those that served along the DMZ in Korea, Blue Water, and other overseas places and state side exposures.



George Washington once said, when the government creates the Veteran you do not lay aside the Veteran. Yet, the above discussion and further discussions later demonstrates the effect of this laying aside of the Veteran and I would add his widow and offspring also. This effect has and is on-going constantly within the circle of government deception and deceit to do exactly that with great gusto and certainly pride in that fact within our Veterans Affairs (VA) Department and their continued lack of objective performance based on ‘Adversarial Philosophy, Policies, and Procedures’ allowed and even condoned by our own government.



I am proud to announce that I was able to make contact with Mr. Peter Holstein of Congressman Kagen’s office and thank him personally for his efforts after my meeting with Congressman Filner last year in which Mr. Holstein was in attendance. Coupled with that meeting and his efforts Congressman Kagen’s bill (HR 6798) as most of you know will add many more cancers to our presumptive list, as common sense should have dictated. Not all cancers are in this bill but certainly it is a wonderful start to making all cancers presumptive as the data indicates in many studies that all National Institute of Cancer Surveillance Epidemiology and End Results (SEER) cancers coded are indeed associated through many Herbicide genetic damages and altered genetic pathways.

As I was walking out, Congressman Kagen came in and shook hands, thanked all Veterans for their service. I was able to describe to him the emotional swings I had when I received the e-mail from Mr. Holstein on this bill with him citing that my meeting/presentation with Congressman Filner was the catalyst. Emotions from almost open crying to jumping around with shear joy that someone had finally recognized this great injustice done to our Veterans and Widows that so many had worked so hard to get recognized. Yes, I know that the list of cancers is not complete but you must take into consideration the more cancers we get on the presumptive list the more impossible it comes for Veterans Affairs/IOM to deny the other associations. Although it will take more stalwart efforts to get them such as glioblastoma cancers recognized; someone else will have to do that. For those that are reading these please do not think I have a dog in this cancer hunt personally; I do not.



I also explained to Congressman Kagen the widows and suffering cancer Veterans I am in touch with and their joy at this bill and grateful appreciation for his efforts but also the apprehension that our government will not support this bill. His answer was ‘everyone’ must support this bill.



So there you have it. Since I am bowing out of this battle it is up to every Veteran, Spouse, Widow, voting offspring of Veterans, and friends of Veterans to contact congress even on a daily basis and make sure this bill gets passed. At the same time contacting the senate to make sure they will sponsor a similar bill and get these cancers approved ASAP.



If it does not pass then we have very little excuse except for ourselves.



I discussed some of the other bills with whoever would listen.



The one issue that I brought up as I could (referenced above) is this set aside legal system for Veterans only that no other segment of society faces. I think anyone in the military knows and realizes the need for the Uniform Code of Military Justice while you are on active duty. There are things that are expected of soldiers not expected in the private sector that must be maintained.



However, I stated that if we are going to be relegated to some set aside legal system with no separation of powers after military service, which I stated personally I thought was unconstitutional for any citizen, then it must at least approach the same level of justice, level of evidence required, and unbiased Executive Branch justice; since the Executive Branch is indeed the defendant and perpetrator of deeds. Of course we know this is not and has never happened.



This includes the selection of the Secretary of Veterans Affairs who should not be former political party chairmen of the current Executive Branch administration. Nor the former chief medical officer or chief operating officer of a disability examination firm contracted by Veterans Affairs that is awarded millions of dollars per year. Yet, our own senate confirms these types of Executive Branch appointments with no question of possible bias against Veterans. Or no one in congress addresses how it is that a Secretary of Veterans Affairs, working for and appointed by the Executive Branch, can take a found disorder by the Veterans Advisory Committee on Environmental Hazards (VACEH) found associated by that committee to dioxin; then allow that Executive Branch appointed Secretary to add disclaimers and time limits to that disorder to make sure that no Veteran can be found Service Connected to that dioxin, TCDD disorder. Yet, no one at Veterans Affairs including that same Secretary or any Secretary can tell the stakeholders, nor anyone else for that matter, how or in what location the dioxin, TCDD can create the medical disorder to the point it can only be a transient disorder with time limits of 360 days to manifestation and a complete resolution within 720 days. It makes no sense scientifically or medically. Including that the Institute of Medicine, also a government contractor, despite the evidence to the contrary of many studies done on the same exposure victims decades after exposure demonstrate the exact development of the same disorder manifestation can then also deny the existence of this associated disorder as being dioxin latent for decades, chronic, and degenerating. Statistics and scientific findings not only to dioxin statistical positive levels of association but increased risk ratios and odds ratios found are zeroed out by the stroke of an Executive Branch appointees pen and the collective biased brain trust at Veterans Affairs. As one Ranch Hand Committee member stated,

“Good science may yet win out.” I would suggest…not as long as VA/DoD/IOM are involved in the decision and recommendation making processes with no check or oversight of integrity and truthfulness and an open widow into their processes deciding legal cases the stakeholders are not privy, which they will never do because of self incrimination.



I also included that if we are going to have this set aside legal system it at least must have some level of mandated performance. I gave examples such as:



A Veteran puts in for esophageal cancer as associated. Veterans Affairs knows they are going to deny that claim no matter how much evidence the Veteran or Veterans Widow submits based on what the Secretary of Veterans Affairs has stated. They may thank you for the education you give them but they still deny the claim. Why does it take two years to get that denial when VA knew going in they were going to deny the claim? All the while VA is making the Veteran or Widow jump through hoops like a dog creating additional physical and mental injuries just playing games and smiling the whole time thinking to themselves what a bunch of morons these Veterans are that we have. I cannot believe I am getting paid to do this work of just stalling with no performance for this job. How did I fall into this gravy train?



Double the staff and production drops by 50%…how can this be? With that performance if congress doubles the staff again then they, VA, would have the perfect job; getting paid with no work output done at all.



If Social Security took over two years to deny a disability claim the citizens of the US would probably burn the White House to the ground in anger. Yet they handle civilian and Veterans claims. I think that there are only about two percent of the entire population are Veterans. The other 98% get handled in a timely manner but not at the VA.



Bottom line how they take two years to deny a claim they knew going in they were never going to approve is just mind boggling to say the least. This not only makes no sense it stalls the Veteran or Widow for two years in their absolute right to take the local VA denied claim to the Board of Veterans Appeals. A joke in itself but at least in some cases the Veteran through the Veterans lottery or roulette wheel can get a claim approved eventually after litigating for another two years or longer. Providing of course he or she did not succumb initially in the first ten months after their initial submittal. In that case, VA has done what it set out to do on behalf of the Executive Branch and with the help of some members of congress…stall to the death of the Veteran. Remembering that any money that would have been given to the Veterans family is no longer recoverable. The ten months the family used up its own savings. Family assets are now used to subsidize our government for the cost of war and monumental government mistakes of using Herbicides (weapons of mass destruction IAW with the Geneva Convention).



Then we have the presumptive disorders. Presumptive disorders, in most cases, require no C & P at the time of award because of the disability-rating schedule. This is spelled out if the Veteran has a service-connected cancer, especially stage IV (terminal) the award is at least 100% for six months. By then the Veteran is either passed or ‘free of’ or still fighting the government created cancer. However, the validation or qualifying is only verifying three clear and simple data points which seems to be nearly impossible for VA to do in less than eight or nine months or even over a year. This looks like a simple ten-minute decision not ten months.



Did the Vet serve in Nam?

Does he have a diagnosis?

Is that diagnosis on our presumptive list?



If the answer is yes to all…then approve. I do not know how much simpler this task can be in trying to get the Veteran and his family the financial support they not only need but have earned in military service to this nation.



But there is even more reward for Veterans Affairs doing a poor job on behalf of the Executive Branch in this issue. Reward in the total savings of millions of dollars a year by rear-ending the Veteran. If the Veteran is not approved before he dies then of course as we discussed the Veterans family gets zero and VA has met its goal. Knight Ridder in its sued for VA information found that 12,000 were dying each year waiting on Veterans Benefits saving millions of dollars a year. This is a direct result of this set aside legal system I was discussing with some of the congressional offices. Of course when this happens then the widow and/or minor offspring then have to resubmit for the claim that should have been approved in a timely manner to begin with and start at the end of the longest line. The cumulative effect is that the dying Veterans family may go for over two years or longer even on a presumptive disorder with no financial support and no service connected death.



When one talks of the non-presumptive disorders even though we know Executive Branch Appointees deny presumptive...this time frame can be over a decade of no support if a case if even eventually won or as we say the Veteran finally came up in the lottery system.



Again in another subject I specifically addressed how could Veterans serve side by side, the same area, the same time frame. One goes to the BVA and is approved after years of fighting the system. The other Veteran goes through the same process and is denied. This was on point as to if we are going to have a set aside legal system only for Veterans and their families then it must equate to the real constitutional justice system. Then could someone explain why one gets approved and the other denied when the only difference is the name and possibly the rank they achieved. Is this justice or even close?



And if there are several claims already litigated for years maybe even a decade and approved by BVA for the exact same thing and the exact same circumstances then why is not the flow down back to the VA…’given these claims have been found to be valid with all evidence and circumstances found positive and claims approved’…DO NOT send this similar claim up to BVA but approve automatically as BVA precedence at VA level. Does not our own constitutional legal system have a legal order of precedence and citing that legal order of precedence? Is not this lack of legal order of precedence the main contributing factor of the backlog of claims and its continual growth while Veterans wait for their turn in the VA/BVA lottery system litigating the exact same case over and over infinitum? Every congressperson and senators talks about working hard to reduce the backlog of claims. I suggested whatever they are doing is not working and has not worked and will not work with the present VA philosophy and processes totally targeted at not approving claims or adding stalling and denying processes at every level.



While I was in Senator Akaka’s office he scurried through headed for the on-going hearings that day. Then when I get home I find he made statements regarding suicides such as:



“Their wounds, and their enemy, are unseen”. (So are latent toxic chemical war wounds for decades after exposures as the men and women tried to work until they develop a discovered cancer or the cumulative issues of dioxin exposure become so manifested they can no longer work or no longer work full time.



“But the reality and the sometimes-deadly consequences of these invisible wounds cannot be ignored. Iraq and Afghanistan veterans are not the only ones suffering from service-related mental health injuries.”



I wonder if the Senator has ever considered the direct inactions or actions of our wonderful Veterans Affairs is directly associated with this rising impact. VA treats veterans already sick from government causes like they are nothing but garbage. Even sick, mistreated, and dying animals have the protection of the Society for the Prevention of Cruelty of Animals (SPCA) with laws that actual punish the perpetrators of such crimes. Who does the Veteran or Widow have? After all Secretary Kissinger stated in 1979 Military men were nothing but dumb stupid animals to be used as State Department Pawns. Where is the Veterans/Widows SPCA? Certainly not Veterans Affairs and with few exceptions it is not even our own elected Government Officials. They talk like it but their deeds and actions or lack of action do not confirm that talk.



Anyway I believe we may have given them something to think about as they go home for the elections. Not coming back to the issues until after the first of the year of which I intend to do also.



Let me give you one closing example. And I hate to say my claim or I because it has never been about me. But I think this is a super example of how even the DC Appeals Mis-management center works even after you go through the BVA joke.



My claim has been remanded with explicit directed actions by BVA including the claim must be expedited. Now I guess expedited has many different meanings in any context but it is safe say that the Veteran should be able to expect some semblance of the word and directive.



Mine has been in remand since January of 2007. So I would conclude that 21 months is not what BVA meant by expediting.



Finally even my very patient wife decided enough is enough and called Congressman John Linder’s Office. I contacted Senator Saxby Chambliss office but refused to contact Senator Johnny Isakson office because that office has never done anything even though he serves on the Senate Veterans Affairs Committee. Meanwhile we filled out the same forms for these offices we had filled out twice before and they made inquiries into the status of my claim, which apparently is all they allowed to do.



Now bear in mind I had been calling on the status myself already and gotten so many variables in answers I had no idea what in the hell the status was after waiting for 21 months for what I was told was an expedited claim.



Now the two contacted the Appeals Mis-Management Center as to the status and why it was taking so long. Then to show they were actually doing something, I am sure just a coincidence from the those inquires, the Appeals Mis-Management Center after 21 month then sends me the same forms to fill out I have filled out I know at least five times. Although; they did send out a C & P request for an auditory C & P which was on the remand back in January of 2007. That in effect did happen soon after the C & P request came. Not surprised but then now we have more decisions to be made.



So the Appeals Mis-Management Center can then say to the two congressional inquires we are actually working on it when prior to that action a few months ago nothing was being done and I must assume and you would probably bet on nothing is being done now since they answered the inquiry by the congressional letters. What a nice joke these folks play. Yet, congress will do nothing to stop this kind of treatment.



Will any of efforts we put forth September 11th and 12th do any good even though we provided evidence with objective facts/data? I would think that what I ran off in cover sheets, bills to support, and the CD’s made and delivered are already out of the office trashcans and in the House and Senate dumpsters in the basement.



But do not ever let them tell you they did not know the facts---the facts were there and hand delivered; they just chose to disregard them.



I have never been political in this fight but since I am closing out this part of my life unless I get inquires from the IOM or Congress I am going to.



It kills me to see Veterans due to political ideology fight each other when none of them really give a damn about your used up obsolete government asset from the President on down. Neither party. You served your purpose and now you are nothing but an obsolete government asset, costing too much money to maintain; no different than an obsolete computer they put on fire sale. If anyone of them gave a damn we would not be where we are today 36 years after the war with more killed by our own government not service connected than the entire NVA Army and Viet Cong killed put together. Senator Akaka discussing suicides yet more Vietnam Veterans killed themselves than the numbers on our memorial wall.



Do not think for a minute that those in congress love to see these obsolete assets fighting amongst themselves. Political ideology and Veterans Issues are two different subjects. Today’s ideology difference seems to me at least:



Do you want redistribution of wealth (communist manifesto) and cradle to grave care (socialism) with no personal accountability for much of anything?



Do you want what is supposed to be a nation built on capitalism, work ethic, and personal success? Although even this is getting clouded since we are almost to the point we do not have a sovereign nation anymore, and the capitalist system is not on a level playing field with the rest of the world and government bailing out companies that due to mismanagement are failing. Sending billions of dollar to nations that would destroy us if they had the power. What is next the government nationalizing our companies?



I have to laugh at the promises the government made when NAFTA was signed into law about how even Mexico would buy our products and how that would increase so much in even the selling of used cars. Boy what a lie and misdirection that was. Yet, decades after what once was a trade surplus is now a trade deficit and congress is sitting around with their fingers where the sun does not shine stating where in the world did all our fairly high paying middle class manufacturing jobs go, much less the influx of 30 million illegal workers as if we had the massive birth rate increase. Yes, I say 30 million because the first amnesty was supposed to be for 8 million and yet it actually was 12 million. So the estimates of the newer illegal immigrants are suspect at best. 30 million more cars on the road, 30 million more using the infrastructure not budget for, 30 plus million more children in school unbudgeted for at local levels and on and on plus how many on our handed out like candy welfare (excuse me social programs) that were not estimated. Blows my mind they hand out this stuff with no questions, no marriage certificates or birth certificates and yet it took me five damn months to prove to VA I was legally married and should be paid as a Veteran with a spouse. In comparison VA treated me then and now like I was a damn criminal. A damn criminal that helped develop most of the weapons in the military arsenal today.



In fact, if you look at the only two parties we have, except for a few issues, which are personal preferences, they are moving closer and closer to the very same ideology. The only difference now seems to be how we get to those points in the future.



Anyway I would like to think I made a difference but like so many before me thinking if we did provide concrete objective evidence the government would change. It seems that is not to be for Veterans/Widows Issues. Data means nothing. Although the one bill I guess is some impact if you folks get it passed.



I have about two weeks of work to get my file up to my lawyer (Mr. Robert Walsh) since it is obvious a person with an IQ of over 140 cannot make a dent in the VA system. Then I am done unless the Congress or IOM wants me to respond to something.



So much has been tried and done by so many I would like to thank:

Just to name a few that have helped me.



Paul Sullivan

Mike Eckstein

Frank Wilcox

Kurt Pressman

John Rossie

Canada Kelly Franklin

New Zealand Lindsey Skinner

Australia Bob Gibson



Final comment after reviewing what has gone on for the past 60 years. Veteran Service Organizations for the most part should be listed as so and so organization “an affiliate of the Department of Veterans Affairs.” Yet, congress in committee turns to them for hearings. Who appointed them our spokespersons before congress is the question, since they represent about 3% of all Veterans?



It has been interesting but certainly not fun continuously hitting my head against the brick wall that is the VA/IOM but time to hand over the baton to someone else and hope they had more success than I did.



No truer words were stated in the definition of Patriotism. Support your Nation all the time but support your government only when they deserve it. (Thanks Paul)



Too bad our government does not feel the same way in the support of Veterans/Widows/minor offspring. Not only do these men and women deserve it they actually did something for the nation to earn it.



Best to all,



Kelley


http://www.2ndbattalion94thartillery.com/Chas/FinalTripReport.htm

Backlog of veterans’ benefits appeals growing bigger

Backlog of veterans’ benefits appeals growing bigger
Sunday, September 14, 2008
By Jill Bryce (Contact)
Gazette Reporter

ALBANY — Chauncey Robinson only served six months in the Army, but he’s been fighting for 16 years to get his veteran’s disability benefits.

Robinson, of Albany, a Bible study teacher who ministers to veterans at Harvest Church, said he’s stuck in a bureaucratic maze and says his problems were exacerbated when the Department of Veterans Affairs lost all his medical and personnel records.

He said it’s an example of the gross mishandling of veterans claims by the VA, and despite his requests for help from New York’s senators Charles Schumer and Hillary Clinton and Congressman Michael McNulty, D-Green Island, he is still waiting a decision on his appeal.

Case backlog

He’s not alone. It’s estimated there are 600,000 to 800,000 unresolved claims and appeals with the U.S. Department of Veterans Affairs, according to veterans’ advocates.

“We have claims that have been pending for a decade, two decades and some that date back more than 50 years. We have appeals from World War II,” said David E. Autry, a spokesman for the Disabled American Veterans in Washington D.C., which represents veterans and advocates and helps them obtain their benefits.
go here for more
http://www.dailygazette.com/news/2008/sep/14/0914_vetbenefits/

VA takes 185 days this year to process a claim, last year it was 177 so what's going on?

In a post I did earlier today, the VA said they needed to higher "tech savvy" workers to speed up the time it takes to process a claim.

Thursday, August 21, 2008

VA 400,000 claim backlog causes search for "tech savvy workers"
Peake: VA needs young, tech-savvy workers
Still, it is taking an average of 185 days to process claims, two months longer than VA’s goal.

Sounds like a good idea until you consider this. Last year I did a video, Wounded and Waiting. I just looked back on that video because I knew there was a lot of data in it. The problem with the number of days it now takes to process a claim, is now longer than it was last year. According to a report on Army Times, it took 177 days to process an original claim and it took 657 days to process an appeal. Back then the congress was complaining about all of this. So why is it, it is now taking longer and no one is really screaming about any of this?

Does congress know what this puts the veterans through? Until a claim is approved, they are not counted on anything. This includes the checks for disability they need to live off of and pay their bills especially when their disability keeps them from getting a paycheck. It is taking longer now than last year? Are there any reporters out their paying attention to any of this or are they expecting the blog world to pay attention so they can just read about it and then take the easy way out?

Senior Chaplain Kathie Costos
Namguardianangel@aol.com
www.Namguardianangel.org
www.Woundedtimes.blogspot.com
"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive veterans of early wars were treated and appreciated by our nation." - George Washington

VA 400,000 claim backlog causes search for "tech savvy workers"

Peake: VA needs young, tech-savvy workers

By Rick Maze - Staff writer
Posted : Thursday Aug 21, 2008 12:59:38 EDT

Veterans Affairs Secretary James Peake is happy to see younger workers being hired to handle veterans’ benefits claims because he said they tend to have more computer skills than longtime Veterans Affairs Department employees.

“Getting rid of some of those older-age guys in the work force is not that bad. It gives you the opportunity to move forward,” Peake said Thursday in a breakfast meeting hosted by the Defense Writers Group to talk about veterans’ issues.

Peake said the key to reducing the backlog of disability and benefits claims from veterans and their families will be technology — especially making active-duty medical records electronically available to quickly determine if a veteran’s injury or illness is connected to military service.

VA expects to receive almost 900,000 benefits claims this year, and has a backlog of about 400,000 claims. In mid-July, VA officials reported that they were beginning to make a dent in the backlog because they were hiring new claims workers and using better training and a more efficient claims management process.

Still, it is taking an average of 185 days to process claims, two months longer than VA’s goal.
go here for more
http://www.armytimes.com/news/2008/08/military_va_peake_082108w/

Department of Veterans Affairs had 621,000 claims backlog

House backs VA benefits bill; No Senate bill yet
Hall and GOP challenger differ on details of plan
By Jenny Lee • Poughkeepsie Journal • July 31, 2008


Hundreds of thousands of veterans' claims could be cleared more quickly if a bill sponsored by Rep. John Hall, and passed by the House of Representatives Wednesday, is enacted.

The Veterans Disability Benefits Claims Modernization Act of 2008 passed unanimously in the House Wednesday, the Dover Democrat said. The House bill has been sent to the U.S. Senate for consideration.

"The VA is in dire need of change and it is time to modernize the disability claims system," Hall said in floor debate.

As of July 26, the Department of Veterans Affairs had 621,000 of those claims pending, with almost 23 percent of them more than 6 months old. The VA's New York region had about 10,700 pending with almost 27 percent more than 6 months old.

Veterans who become paralyzed or lose their limbs in combat usually have to go through the claims process to receive compensation. Under the bill, veterans could receive payments right away for undisputed injuries, Hall said. If a veteran dies, the surviving spouse could continue with the claims process without having to start the process over, Hall said.

If the legislation does not get approved in the Senate, the number of claims could surpass one million next year, Hall said.
go here for more
http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20080731/NEWS01/807310335

VA reported 879,291 claims were in backlog

June 22
Increased VA budget to quicken disability claims
BILL SMITH VIEWS ON VETERANS
THE HOUSE OF Representatives and the U.S. Senate approved legislation in March that would increase the VA budget by $3.2 billion, which is more than what the Administration offered in February. According to the June issue of DAV magazine, this move could set the VA’s total budget at $93.6 billion for 2009, indicating a $5.22 billion increase from this year. The two bills, H. Con. Res. 312 in the House and S. Con Res. 70 in the Senate, passed March 13 and 14 respectively.


From comments in the June issue of the VFW magazine: “The $3.2 billion increase is in line with the veterans health care recommendations that were laid out in the Independent Budget,” said Dennis M. Cullinan, director, National Legislative Service, Veterans of Foreign Wars of the United States, when referring to a budget developed by the VFW, Paralyzed Veterans of America, AMVETS and Disabled Veterans. “Both the Senate and House versions reject the proposed co-payment and fee increases, which the VFW strongly opposes.”

The Senate version also includes an amendment that offers $50 million to speed up the processing of disability claims. It would pay for pilot programs to reduce the average waiting time -- which currently is six months -- for rulings on claims.

As of March, the VA reported 879,291 claims were in backlog from the same time last year.

Cullinan says, “This is just the first step in the VA funding process. It gives broad outlines of spending for the Department which the Appropriations Subcommittees will use to find specific amounts and tasks within the VA. The process is not complete until the president signs the Appropriations Bill.” The Federal government’s 2009 fiscal year begins Oct. 1, 2008.


also on this page you should read

VA care extended for combat veterans

VA volunteers number 85,000
go here for more

http://www.timesleader.com/living/Increased_VA_budget_to_
quicken_disability_claims_BILL_SMITH_VIEWS_ON_VETERANS_06-22-2008.html

While the Congress has finally stepped up to undo some of the damage done to the wounded veterans with claims hung up in the backlog, it will take time for all of this to work down to them. This is not just about waiting their turn. It's about what happens to them in between the time they go from active military to veteran.

With PTSD, it takes time for them to understand what is wrong with them. Believe me, they know something is wrong but often will not be willing to face what it is and are very reluctant to seek help. This is a crucial time because all evidence proves the less time PTSD is allowed to devastate at will, the better the chance of recovery is. The longer it goes on, the deeper the wound spreads. With a claim tied up, there is time lost. Many will not seek treatment when they have to worry about paying their bills and supporting their family at the same time their family is falling apart. While the combat veteran are entitled to free care for a time without an approved claim, this does not address the extra financial stress added to the veteran when they cannot work.

We cannot forget that there are also some with physical wounds that need to be taken care of and some of those wounds prevent the veteran from working. They go without income as well yet still need to pay their bills.

Every time you hear about a backlog, you need to consider what comes with that claim tied up. None of it is good. Something needs to be done today to get these claims honored.

GAO finding: No accountability for claims processors

GAO faults training for VA claims processors

By Kelly Kennedy - Staff writer
Posted : Wednesday May 28, 2008 6:18:36 EDT

Although the Veterans Affairs Department has added thousands of staff to help process disability claims, a new study finds those new employees face no consequences if they don’t attend mandatory training.

And because the caseload is so heavy, instructors aren’t always available to provide on-the-job training for new employees.

The Veterans Benefits Administration “is taking steps to strategically plan its training, but does not adequately evaluate its training and may be falling short in some areas of training design and implementation,” the Government Accountability Office said in a report released Tuesday.

Rep. Bob Filner, D-Calif., chairman of the House Committee on Veterans’ Affairs, asked GAO to find out what training is provided and whether it is uniform; how well it is implemented and evaluated; and how it compares with performance management practices in the private sector.

The questions came after veterans testified that the disability compensation system is Byzantine in complexity, and that it takes months — sometimes years — to make it through the process.

From September 2007 to May 2008, GAO looked at four VBA regional offices, in Atlanta; Baltimore; Milwaukee; and Portland, Ore.

VA officials said it takes at least two years to properly train disability claims employees, and they must complete 80 hours of training a year. New employees have three weeks of intense classroom training before they begin several months of on-the-job training at their home offices.

But “because the agency has no policy outlining consequences for individual staff who do not complete their 80 hours of training per year, individual staff are not held accountable for meeting their annual training requirement,” the GAO found. “And, at present, VBA central office lacks the ability to track training completed by individual staff members.”

In 2007, VBA conducted 67 centralized training sessions for 1,458 new claims processors, compared with 27 sessions for 678 new employees in 2006.

VBA’s online training tool, the Training and Performance Support System, was found to be out of date, too theoretical, and lacking in real-life examples. Employees at one office did not know what the system was.

GAO also found that more experienced staff members felt training was not helpful because it was redundant or was not specific to the work they do, and some said the training is adapted directly from training for new employees. They also said they did not have time to spend 80 hours a year in training because their caseloads are too heavy.

“A number of staff from one regional office noted that instructors were unable to spend time teaching because of their heavy workloads and because instructors’ training preparation hours do not count toward the 80-hour training requirement,” the GAO said. “Staff at another regional office told us that, due to workload pressures, staff may rush through training and may not get as much out of it as they should.”
go here for more
http://www.airforcetimes.com/news/2008/05/military_va_training_052708w/

Lack of mental health workers worries senator

Lack of mental health workers worries senator

By Rick Maze - Staff writer
Posted : Tuesday Apr 15, 2008 18:10:41 EDT

One of the chief architects of last year’s Wounded Warrior Act will press the service surgeons general about why the Defense Department doesn’t have enough psychologists, psychiatrists and mental health counselors to deal with the flood of combat veterans with post-traumatic stress disorder and other mental health issues.

Sen. Patty Murray, D-Wash., will have the opportunity to question the surgeons general at a Wednesday hearing before the Senate Appropriations defense subcommittee.

Murray expressed concern that the Defense Department has not hired enough specialists to deal with mental health issues created by extended deployments, the stress of combat and other issues.

“The fact that we aren’t meeting the demand for our troops’ psychological health needs with qualified professionals is a great concern of mine,” she said in a telephone interview. “The Pentagon needs to tell us what they are doing to fill the gaps in the system, particularly when troops are being sent back into the field for their third and fourth tours.”

The answers are important, Murray said, because “all Americans need to know that the Pentagon is making this a top health priority and that innovative solutions are on the horizon.”
go here for more
http://www.armytimes.com/news/2008/04/military_mentalhealth_surgeonsgeneral_041508w/

How long is this going to go on and when are they planing on getting any of this right? When will they do what they know works until they can hire enough people at the VA to treat them? What are all these veterans supposed to do while they "try to hire" more and make room for the wounded they keep adding to the system on a daily basis? This is disgusting, frustrating and reprehensible! There are long term fixes that have to be done because we are looking at probably 800,000 or more than likely more now that Vietnam Veterans and Korean Veterans as well as WWII veterans are finally understanding what has been wrong with them is a wound, but no one planned on any of them either. Do they plan for anything?

Buried under backlogs

Buried under backlogs
By GREGG CARLSTROM
February 25, 2008
More than 400,000 veterans are awaiting decisions on disability claims they filed with the Veterans Affairs Department, and roughly one-quarter of those have waited more than half a year.
Social Security Administration staffs are grappling with more than 600,000 disability claims.
Regional service centers at the Homeland Security Department’s Citizenship and Immigration Services are buried under more than 1 million citizenship applications.
And the Food and Drug Administration is more than a decade from inspecting every foreign pharmaceutical plant it is obliged by law to inspect.
Poor planning by agency leaders and underfunding by Congress created these debilitating backlogs that may take years to resolve, according to federal officials, legislators and watchdog groups.
At the start of the Bush administration in 2001, VA had more than 400,000 pending claims for disability ratings, which determine a service-disabled veteran’s employability and disability benefits. The department made progress reducing that number: By 2003, the backlog was down to around 250,000.
But then the nation went to war.
“VA was kind of cruising right along with a certain volume of claims until the Iraq and Afghanistan wars. Then the volume of claims increased,” said Belinda Finn, VA’s assistant inspector general for auditing. “We still had the same processes for handling a lower workload, and the system just hasn’t been able to handle the increase in claims.”
And so the backlog started creeping up. By 2008, VA once again has more than 400,000 pending claims for a disability rating. About 25 percent of those are officially considered backlogged, meaning they have been pending longer than six months.
“The number of claims that we receive each year has been going up pretty steadily,” said Michael Walcoff, VA’s associate deputy undersecretary for field operations. “In 2000, we got 578,000 claims, and last year got 838,000. That’s a pretty significant increase, and certainly some of that can be attributed to the soldiers coming back from [the wars].”
go here for the rest
http://federaltimes.com/index.php?S=3387368

It's a great article but he's only half right on the backlog of claims numbers.

Wednesday, February 13, 2008

VA claim backlog at 816,211 but IT cut back? WTF
Vets' groups urge IT budget boost for benefits processingBy Bob Brewin bbrewin@govexec.com February 13, 2008 Veterans' services organizations have urged Congress to provide a sharp increase in the information technology budget of the agency that handles their compensation and pension claims.The fiscal 2009 IT budget request for the Veterans Benefits Administration is about 18 percent less than the fiscal 2008 proposal. The overall IT budget for the Veterans Affairs Department, VBA's parent agency, jumped 18 percent in President Bush's latest request.VBA's pending compensation and claims backlog stood at 816,211 as of January 2008, up 188,781 since 2004, said Kerry Baker, associate legislative director of the Disabled Veterans of America, during a Wednesday hearing of the House Appropriations Subcommittee on Defense.

DOD AND VA AWOL ON CLAIMS FOR WOUNDED WARRIORS

Decorated veteran stuck in red
Paperwork delays leave family broke as soldier fights for his benefits
By CE SKIDMORE
skidmore@poststar.com
Published: Monday, February 18, 2008
Matthew Welch's left calf looks like a turkey leg after the Thanksgiving meal. His right thigh is peppered with shrapnel scars and parts of him will probably cause an alarm to sound at the airport.

To be fair, he has looked worse.

Welch, 26, served in the Army National Guard's 2nd Battalion, 108th Infantry, Glens Falls. It is the same unit that lost Pfc. Nathan Brown, of South Glens Falls, who was killed in action on April 11, 2004, in Samarra, Iraq.

Seven months later in the same city, a Humvee that Welch was driving was hit by a roadside bomb. Dates and milestones that passed during his years in the service are hazy, Welch said. But he will never forget Nov. 24, 2004.

Welch's discharge didn't become official until Nov. 10, 2007. The process was in limbo for two years because of lost paperwork, according to Welch. He was supposed to receive $1,100 monthly retirement benefits starting Dec. 1, 2007, he said, but to date has not seen a check.

"I keep getting juggled around," he said. "There's no communication. ... One department tells me I need to call a different department, and they tell me I need to call someone else."

go here for the rest
http://www.poststar.com/articles/2008/02/18/news/local/13350515.txt

This is one of the reasons our veterans end up homeless. Welch is trapped in a backlog of claims over 800,000 deep now. Amazing how that went from 600,000 to 816,211 in a few months but it did.

VA claim backlog at 816,211 but IT cut back? WTF (+)
by: NamGuardianAngel
Wed Feb 13, 2008 at 22:24:14 PM EST
VA claim backlog at 816,211 but IT cut back? WTF Vets' groups urge IT budget boost for benefits processing By Bob Brewin bbrewin@govexec.com February 13, 2008 Veterans' services organizations have urged Congress to provide a sharp increase in the information technology budget of the agency that handles their compensation and pension claims.
The fiscal 2009 IT budget request for the Veterans Benefits Administration is about 18 percent less than the fiscal 2008 proposal. The overall IT budget for the Veterans Affairs Department, VBA's parent agency, jumped 18 percent in President Bush's latest request.
VBA's pending compensation and claims backlog stood at 816,211 as of January 2008, up 188,781 since 2004, said Kerry Baker, associate legislative director of the Disabled Veterans of America, during a Wednesday hearing of the House Appropriations Subcommittee on Defense.
Baker said VBA must have the funds necessary to upgrade its IT infrastructure to handle the backlog and a growing caseload. Anything short of an increase is "a recipe for failure," he added.
Carl Blake, national legislative director for the Paralyzed Veterans of America, said VBA needed $121 million in its fiscal 2009 budget for its information technology. According to VA budget documents, VBA requested an IT budget of $109.6 million for its compensation and benefits programs, down $23.8 million from $133.4 million in 2008. VA requested an overall 2009 IT budget of $2.53 billion in 2009, up from $2.15 billion in fiscal 2008, with the largest portion earmarked for the Veterans Health Administration. go here for the rest
http://www.govexec.com/dailyfe...

And now the above report will only go to show this is all going to get worse. Veterans like Matthew Welch are trapped in the system, suffering along with their families for someone to find their file and do the right thing. To the VA they are just missing in a pile but if they were missing when the government wanted them to go, or the Army National Guard's 2nd Battalion had orders in hand to send them, they would be tracked down and tossed into jail for being AWOL. So who is charging the DOD and the VA with they are AWOL on these claims?

Don't get me wrong here. The DOD and the VA people who are trying to process claims are still busier than they should be. There are still not enough of them to process all the claims. The people who rate these claims are a mix between those who want to do a wonderful job and others who just do what they have to do in order to move onto the next claim. They have their orders to follow, so it depends on who is giving those orders and setting policy. It also depends on where they are and who is fighting for them.

The biggest problems seem to come when the veterans try to work their way through they system on their own. With no advocate knowing the system, they end up trapped. There are now lawyers around the country taking on these cases for free. They see it as their patriotic duty to help these veterans without charging them money. They just don't want to see these veterans suffering for their service and the inconvenience to the government of having to treat them and pay out their claims. There are DAV and VFW and American Legion Service Officers around the country helping with claims along with a lot of other smaller organizations. The problem is, for veterans in rural areas, help is just too far away and coping with too long of a line to get there.

With all the hearings by the House and the Senate, why is there so little being done to correct these problems while the veterans are suffering? Good motives and plans do not put food on their table or a roof over their heads. Building new hospitals does not take care of the veterans facing wanting to end their lives today or having to deal with having their wound go untreated. Can't they understand that these veterans need help yesterday? They still need to work on the future but they have to take care of today first!

Valentine's Day Message for Veterans With PTSD

February 14 and 914 post on Wounded Times. Most of them have been on PTSD. This blog has only been up for six months. I've already done 130 for February alone and there are still not enough hours in the day to cover every report coming out on PTSD, but I try my best.

Why do I do it? Because I fell in love with a Vietnam veteran who has been suffering for his service since 1970. He came home in 1971 but was not diagnosed until 1990, not treated until 1993 and didn't have his claim approved until 1999. Not only do I understand what PTSD is, I've lived with it, researched it, fought for care for it, seen the worst of it and then arrived to the point where hope became real. My husband is proof it's never too late to get help with PTSD. My marriage, 23 years and counting is proof families do not have to break apart. Once a veteran gets through the system and their claim is approved, the VA takes great care of them but there is only so much they can do given the fact the backlog of claims, over worked staff and under-prepared administration is trying to play catch up. The veterans are suffering.

Since this is Valentine's Day, since I do this for the love of Jack, my husband, and all the veterans dealing with PTSD, I couldn’t think of a better day to ask for the rest of this nation to finally, once and for all, eliminate the stigma of PTSD and treat it like the wound it is.

These are from the posts I put up this morning. They will give you an idea of what they are up against.

333,000 US Casualties: Are They Covered?
By Maya Schenwar
t r u t h o u t Report

Thursday 14 February 2008

As Iraq and Afghanistan war casualties soar to unprecedented levels, Bush's 2009 Veterans Affairs' budget comes up short.

The Department of Veterans Affairs (VA) will treat about 333,000 sick and injured veterans of the Iraq and Afghanistan wars in 2009, according to VA statistics released last week. That number is a 14 percent increase over this year's casualty total.

But that’s not all the veterans with PTSD. This next report should cause a very loud alarm.

Florida National Guard to launch program on suicide
Fla. Guard to launch program on suicide
The aim is to provide mental health help to returning troops.
By William R. Levesque, Times Staff Writer
Published February 14, 2008


In the military, telling someone they might need to see a psychiatrist is not always an easy sell.

Few admit depression because they think it's a career ender.

That's a barrier the Florida National Guard says it wants to eliminate.

If they do not get treated for PTSD, it adds to the homeless issue. While not all homeless veterans have PTSD or related problems, these veterans make up the majority of the homeless population.

These are headlines on homeless veterans from the blog world just for today.

Homeless Veterans All Over Blog World Today

HELLO February 08...
DAV Charitable Service Trust supports physical and psychological rehabilitation programs, meets the special needs of veterans with specific disabilities

Arizona Standdown for Homeless Veterans
By Doris Do you realize there are between 200000 and 300000 homeless veterans on the streets in this country at any given day of the year?

Military Vets to protest Bill O'Reilly and FOX News
By Rob(Rob) A delegation of homeless veterans from Fitzgerald House, an organization that provides housing and assistance to veterans, visited FOX News two weeks ago to hand deliver the petition, signed by over 18000 people.

Homeless Veterans Are in the Lurch
By contact@veteransforcommonsense.org (Steve Vogel ) A dilapidated shelter for homeless veterans is set to be leveled to make way for development on the sprawling grounds of the Armed Forces Retirement Home in Northwest Washington, leaving a nonprofit veterans group scrambling

115. The Pipeline
By wanderingvet Dear Readers: The Departments of Veterans Affairs and Housing and Urban Development make a clear distinction between Sheltered and Unsheltered Homeless.

The Faces of Hawaii's Homeless
Hawaii Reporter - Kailua,HI,USAThe National Alliance to End Homelessness (NAEH) estimates than there were nearly half a million homeless veterans in 2006

Port Angeles man receives state's Outstanding Veteran Volunteer award
Peninsula Daily - Port Angeles,WA,USALee directs the state Department of Veterans Affairs. McKeown, he said, helped found Voices for Vets, a Clallam County group that helps homeless veterans

Vets: Back from the war but not home
Red Bank Hub - NJ, USAAt right, plants, books, DVDs and photos of family and his canine companions decorate the apartment of a formerly homeless veteran

Homeless veterans left in lurch by plans to raze shelter
Boston Globe - United States(kevin clark/washington post) WASHINGTON - A dilapidated shelter for homeless veterans is set to be leveled

Put all this together with the report I posted yesterday and you get closer to the extent of the problems these veterans are facing on a daily basis.

VA claim backlog at 816,211 but IT cut back? WTF
Vets' groups urge IT budget boost for benefits processing
By Bob Brewin bbrewin@govexec.com February 13, 2008
Veterans' services organizations have urged Congress to provide a sharp increase in the information technology budget of the agency that handles their compensation and pension claims.
The fiscal 2009 IT budget request for the Veterans Benefits Administration is about 18 percent less than the fiscal 2008 proposal. The overall IT budget for the Veterans Affairs Department, VBA's parent agency, jumped 18 percent in President Bush's latest request.

VBA's pending compensation and claims backlog stood at 816,211 as of January 2008, up 188,781 since 2004, said Kerry Baker, associate legislative director of the Disabled Veterans of America, during a Wednesday hearing of the House Appropriations Subcommittee on Defense.

There are still some people in this country who lack the capacity to put themselves in someone else’s shoes. I wounded how people like Bill O’Reilly would feel if he had been one of them dealing with the fact they served this country and then had the country treat them as if they had the nerve to expect their wounds would be treated with respect and dignity from a “grateful” nation? Does he even ever consider the fact they would not be wounded, would not need to be taken care of if they did not serve? Does he ever really come close to appreciating their service? No and he’s not alone.

The stigma of PTSD is born out of an attitude that is contagious. If all people hear is that homeless veterans are all drug addicted, alcoholics, lazy, looking for a free ride, cowards, along with every other name in the book they’ve been called, that’s all they know. Yet little by little tiny blogs like mine, linked with thousands of other people across the country, are beating this stigma out of the minds of the ignorant. One day there will be no excuse for anyone denying what PTSD and what the cause of it is but today is not that day. We have such a long battle ahead of us for their sake before they are all taken care of like Jack is.

Often people ask me why I care so much. Since we met 25 years ago, Jack has been the love of my life and I see all veterans through his eyes.

Happy Valentine’s Day to all the veterans and to the troops serving in Iraq and Afghanistan. You are loved and one day, God willing and citizens willing, we will finally prove it to all of you.

Love,
Kathie

333,000 US Casualties: Are They Covered?

333,000 US Casualties: Are They Covered?
By Maya Schenwar
t r u t h o u t Report
Thursday 14 February 2008

As Iraq and Afghanistan war casualties soar to unprecedented levels, Bush's 2009 Veterans Affairs' budget comes up short.

The Department of Veterans Affairs (VA) will treat about 333,000 sick and injured veterans of the Iraq and Afghanistan wars in 2009, according to VA statistics released last week. That number is a 14 percent increase over this year's casualty total. Yet, despite the Bush administration's promises to prioritize the VA even as other domestic departments' funds are cut, its annual budget request for next year places more financial burdens than ever on many returning soldiers.

At first glance, Bush's 2009 budget may seem like a boon to veterans: It would increase the VA budget by $3.4 billion.

"The President's ongoing commitment to those who have faithfully served this country in uniform is clearly demonstrated through this budget request for VA," said VA Secretary James B. Peake at a budget hearing last Thursday. "Resources requested for discretionary programs in 2009 are more than double the funding level in effect when the president took office seven years ago."

However, veterans' advocates argue the budget's growth has not kept pace with the skyrocketing size of the veteran community - or the increasing cost of servicing them.
go here for the rest
http://www.truthout.org/docs_2006/021408J.shtml

816,211 claims backlog shows this is only part of the number of wounded.

VA claim backlog at 816,211 but IT cut back? WTF

Vets' groups urge IT budget boost for benefits processing
GovExec
By Bob Brewin 
February 13, 2008

Veterans' services organizations have urged Congress to provide a sharp increase in the information technology budget of the agency that handles their compensation and pension claims.

The fiscal 2009 IT budget request for the Veterans Benefits Administration is about 18 percent less than the fiscal 2008 proposal. The overall IT budget for the Veterans Affairs Department, VBA's parent agency, jumped 18 percent in President Bush's latest request.

VBA's pending compensation and claims backlog stood at 816,211 as of January 2008, up 188,781 since 2004, said Kerry Baker, associate legislative director of the Disabled Veterans of America, during a Wednesday hearing of the House Appropriations Subcommittee on Defense.

Baker said VBA must have the funds necessary to upgrade its IT infrastructure to handle the backlog and a growing caseload. Anything short of an increase is "a recipe for failure," he added.

Carl Blake, national legislative director for the Paralyzed Veterans of America, said VBA needed $121 million in its fiscal 2009 budget for its information technology. According to VA budget documents, VBA requested an IT budget of $109.6 million for its compensation and benefits programs, down $23.8 million from $133.4 million in 2008. VA requested an overall 2009 IT budget of $2.53 billion in 2009, up from $2.15 billion in fiscal 2008, with the largest portion earmarked for the Veterans Health Administration.
go here for the rest
http://www.govexec.com/dailyfed/0208/021308bb1.htm

VA, more promises, more waiting for fix to come

VA secretary pledges to cut 5 weeks off wait

By Hope Yen - The Associated Press
Posted : Thursday Feb 7, 2008 13:04:06 EST

Veterans Affairs Secretary James Peake pledged Thursday to trim more than five weeks off the time it now takes to get the first check to a war veteran who files a disability claim.

In his first appearance before Congress since becoming secretary, Peake also sought to assure lawmakers that President Bush’s proposed 2009 VA budget of $91 billion would be sufficient to meet the growing demands of veterans of a protracted Iraq war. The proposal is a 3.7 percent increase from the previous year, but several lawmakers have criticized it as inadequate after factoring in inflation.

Peake wants to reduce wait times from roughly 180 days to 145 days by the start of next year. He cited aggressive efforts to hire staff, noting the VA will have 3,100 new staff by 2009. VA also is working to get greater online access to Pentagon medical information that he said will allow staff to process claims faster and move toward a system of electronic filing of claims.

Peake promised to “virtually eliminate” the current list of 69,000 veterans who have waited more than 30 days for an appointment to get VA medical care. Such long waits runs counter to department policy, and a group of Iraq war veterans have filed a lawsuit alleging undue delays. He said VA plans to open 64 new community-based outpatient clinics this year and 51 next year to improve access to health care in rural areas.

“We will take all measures necessary to provide them with timely benefits and services, to give them complete information about the benefits they have earned through their courageous service, and to implement streamlined processes free of bureaucratic red tape,” Peake said in testimony prepared for a House Veterans Affairs Committee hearing Thursday.
http://www.armytimes.com/news/2008/02/ap_vawaits_080207/

At least next year will be better but what about now, today?

When good is not so good

1,800 new case workers for a 600,000 backlog of claims?

VA gets $3.7 billion to hire more caseworkers
By Kelly Kennedy - Staff writer
Posted : Thursday Jan 17, 2008 18:01:29 EST

President Bush signed the Consolidated Appropriations Act of 2008 today, handing over an extra $3.7 billion to the Department of Veterans Affairs.

Bush had to sign the act by Jan. 18, or VA would have lost the promised extra funding, which will be used to hire and train people to process the backlog of more than 600,000 benefits claims, said Dave Autry, spokesman for Disabled American Veterans. Some of the money also will go toward medical research for conditions such as traumatic brain injuries.

DAV and nine other veterans service organizations began a letter-writing campaign last week calling on veterans to urge Bush to sign the act in time for VA to get the extra money.

“For 5.8 million veterans, this new funding means more qualified doctors and nurses to improve medical services,” Rep. Chet Edwards, D-Texas, said in a statement.

Edwards chairs the House Appropriations subcommittee on Military Construction and Veterans Affairs.

“For the 400,000 veterans, including combat-wounded vets, who are having to wait too long to have their [health] benefits cases reviewed, this bill means over 1,800 new VA caseworkers to reduce the unacceptable delays in receiving earned benefits,” Edwards said. “For veterans with traumatic brain injury, post-traumatic stress disorder, mental health care issues, and lost limbs, this bill means renewed hope to rebuild their lives.”
go here for the rest
http://www.armytimes.com/news/2008/01/military_vafunding_080117w/
400,000 and how many of them are newly wounded? How many of them have PTSD and need to get into help as soon as possible? What have all these years of waiting for them to do the right thing produced this far? How many of our wounded would still be here instead of committing suicide if last year there were enough? The year before that or the year before that? Are they kidding with this?

Veterans waiting longer for benefits and numbers prove it

Veterans Wait Longer For Benefits
Local 2 Investigates looks into veterans waiting for needed help. Last year, we exposed the problem -- a massive backlog of wounded veterans waiting for assistance from the one agency supposed to help them as they try to move on. Tonight, we've learned the problem has gotten worse, and we have the numbers to show it.

As I said many times before, the administration can make any claim they want but when proof is asked for, the numbers prove they lied.

Disability Cases Last Longer as Backlog Rises

If you think the VA and the DOD are the only problem veterans have, think again because you are forgetting most of them had jobs too. When they cannot work any longer do to a wound of body or mind, they paid into this system expecting that when they could not work, the system would work for them. It doesn't. They are trapped in this system as well.

A first step of raising the number of judges to 1,200 will require at least $100 million extra for the agency beyond the $9.6 billion that President Bush has proposed for the 2008 fiscal year, Mr. Astrue said. Within a wide-ranging, $151 billion health, education and labor bill passed in November, the Democratic-controlled Congress voted for a $275 million increase for the agency. But Mr. Bush vetoed the bill, calling it profligate.

Disability Cases Last Longer as Backlog Rises
RALEIGH, N.C. — Steadily lengthening delays in the resolution of Social Security disability claims have left hundreds of thousands of people in a kind of purgatory, now waiting as long as three years for a decision.

Two-thirds of those who appeal an initial rejection eventually win their cases.

But in the meantime, more and more people have lost their homes, declared bankruptcy or even died while awaiting an appeals hearing, say lawyers representing claimants and officials of the Social Security Administration, which administers disability benefits for those judged unable to work or who face terminal illness.

The agency’s new plan to hire at least 150 new appeals judges to whittle down the backlog, which has soared to 755,000 from 311,000 in 2000, will require $100 million more than the president requested this year and still more in the future. The plan has been delayed by the standoff between Congress and the White House over domestic appropriations.
click post title for the rest

My husband paid into a retirement fund while he was working his last job. Before that, he paid into Social Security. They turned down his claim the last time because "he didn't pay into the system in the last quarter" but the time before that, it was another excuse. It didn't matter to them that he will never work again. For us it would mean about $400 a month but it would also mean we wouldn't have to carry health insurance costing us $700 a month just for me on his retirement plan. I also have CHAMPVA, but that does not cover everything and doctors are still not happy about taking it as insurance.

Neglect? The VA's current backlog is 800,000 cases

Neglect? The VA's current backlog is 800,000 cases. Aside from the appalling conditions in many VA hospitals, in 2004, the last year for which statistics are available, almost 6 million veterans and their families were without any healthcare at all. Most of them are working people -- too poor to afford private coverage, but not poor enough to qualify for Medicaid or means-tested VA care. Soldiers and veterans need help now, the help isn't there, and the conversations about what needs to be done are only just now beginning.

120 War Vets Commit Suicide Each Week
By Penny Coleman, AlterNet.

Posted November 26, 2007.

The military refuses to come clean, insisting the high rates are due to "personal problems," not experience in combat.

Earlier this year, using the clout that only major broadcast networks seem capable of mustering, CBS News contacted the governments of all 50 states requesting their official records of death by suicide going back 12 years. They heard back from 45 of the 50. From the mountains of gathered information, they sifted out the suicides of those Americans who had served in the armed forces. What they discovered is that in 2005 alone -- and remember, this is just in 45 states -- there were at least 6,256 veteran suicides, 120 every week for a year and an average of 17 every day.

As the widow of a Vietnam vet who killed himself after coming home, and as the author of a book for which I interviewed dozens of other women who had also lost husbands (or sons or fathers) to PTSD and suicide in the aftermath of the war in Vietnam, I am deeply grateful to CBS for undertaking this long overdue investigation. I am also heartbroken that the numbers are so astonishingly high and tentatively optimistic that perhaps now that there are hard numbers to attest to the magnitude of the problem, it will finally be taken seriously. I say tentatively because this is an administration that melts hard numbers on their tongues like communion wafers.

go here for the rest

http://www.alternet.org/waroniraq/68713/