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	<title>The Gay Veteran</title>
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	<link>http://www.gayvets.net/blog</link>
	<description>Rants And Raves Of A Non Compensated Gay Vietnam Veteran</description>
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		<title>My Fax To The Secretary Department Of Veterans Affairs</title>
		<link>http://www.gayvets.net/blog/?p=1076</link>
		<comments>http://www.gayvets.net/blog/?p=1076#comments</comments>
		<pubDate>Sat, 04 Sep 2010 00:59:59 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=1076</guid>
		<description><![CDATA[The Department Of Veterans Affairs Washington D.C. To Whom This May Concern: It has come to my attention; through newsgroups I am a member of and through the News media (90,000) thousand previously denied Vietnam veterans claims will be re-reviewed following the Secretary’s decision to allow three new illness’s.  I am stating up front and [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><p style="text-align: justify;">The Department Of Veterans Affairs</p>
<p style="text-align: justify;">Washington D.C.</p>
<p style="text-align: justify;">To Whom This May Concern:</p>
<p style="text-align: justify;">It has come to my attention; through  newsgroups I am a member of and through the News media (90,000) thousand  previously denied Vietnam veterans claims will be re-reviewed following  the Secretary’s decision to allow three new illness’s.  I am stating up  front and for the record, I will not be reopening any of my VA claims  for any type of compensation and further no one has my consent nor the  authority to reopen and/or review or view any of my VA claims.</p>
<p style="text-align: justify;">I am non-compensated and I shall remain  non-compensated throughout the time remaining to me in life.</p>
<p style="text-align: justify;">For your records my personal info is  hereby included, so this can be forwarded to the appropriate department.</p>
<p style="text-align: justify;">Personal Information removed for this  post.</p>
<p style="text-align: justify;">Cordially</p>
<p style="text-align: justify;">Roy C Gilbert</p>
<p style="text-align: justify;">Non-Compensated Gay Vietnam Veteran</p>
<p style="text-align: justify;">All of the years are gone now, most of  my family, and all of the dreams along with them.</p>
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		<title>Another Stolen Empty Summer Has Come And Gone</title>
		<link>http://www.gayvets.net/blog/?p=1070</link>
		<comments>http://www.gayvets.net/blog/?p=1070#comments</comments>
		<pubDate>Wed, 25 Aug 2010 19:27:02 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=1070</guid>
		<description><![CDATA[This could more appropriately titled my year in review as I stood on the breezeway for a short time today and reflected how another stolen and empty fun filled summer had come and gone.  It made me feel even more depressed than I normally do.  While some might try and tell me to look at [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><p style="text-align: justify;">This could more appropriately titled my year in review as I stood on the breezeway for a short time today and reflected how another stolen and empty fun filled summer had come and gone.  It made me feel even more depressed than I normally do.  While some might try and tell me to look at all of the accomplishments I’ve made during the year with my websites and blogs and you’ve lived to see another summer, big deal people and is that all there is to life.   It was filled with emptiness and depression and some people in Morrilton seem to feel or believe well there’s nothing you can do about it, you’d have the same problems somewhere else.  The big deal on that though is that somewhere else I’d also be getting reasonably good VA doctors and VA medical care instead of putting up with brick wall VA doctors that are getting paid more for treating me like a free lab animal.</p>
<p style="text-align: justify;">Yes I am speaking about VA health care and Arkansas in general.  Whether it makes some angry or not some locations outright aggravate depression and physical illnesses, and Morrilton is one of them because of it being a dead zone and the poisons in it.  I’ve lived here for the better part of my life since the mid 1950’s and I’ve lived long enough in other states and cities to be able to notice the difference in medical care and my over all psychological well being.    Perhaps some people want to live that way, but what about those who don’t, and don’t have any options for doing anything about it.  To most people in Morrilton, it’s just a safe little port where everyone lives on what ifs that never happen and prayers that are never answered.</p>
<p style="text-align: justify;">
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		<title>Why Is Morrilton, Arkansas So God Damned Uptight And Repressed</title>
		<link>http://www.gayvets.net/blog/?p=1029</link>
		<comments>http://www.gayvets.net/blog/?p=1029#comments</comments>
		<pubDate>Fri, 06 Aug 2010 04:00:07 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=1029</guid>
		<description><![CDATA[Seat Of The Dixie Mafia Of Conway County, AR People in Morrilton Arkansas actually get down right pissed when you try and talk about how unhappy you are here.  For some dumb assed reason they seem to feel your to blame for it, because Morrilton didn’t have a God Damned thing to do with it [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><p style="text-align: justify;">
<p style="text-align: justify;">
<div class="mceTemp" style="text-align: justify;">
<dl id="attachment_1039" class="wp-caption alignright" style="width: 410px;">
<dt class="wp-caption-dt"><a href="http://www.gayvets.net/blog/wp-content/uploads/2010/08/Courthouse.jpg"><img class="size-full wp-image-1039" title="Courthouse" src="http://www.gayvets.net/blog/wp-content/uploads/2010/08/Courthouse.jpg" alt="" width="400" height="300" /></a></dt>
<dd class="wp-caption-dd">Seat Of The Dixie Mafia Of Conway County, AR</dd>
</dl>
</div>
<p style="text-align: justify;">
<p style="text-align: justify;">People in Morrilton Arkansas actually get down right pissed when you try and talk about how unhappy you are here.  For some dumb assed reason they seem to feel your to blame for it, because Morrilton didn’t have a God Damned thing to do with it and never did a fucking thing to cause it.  Well By God if that’s true why the fucking hell is so many people in this fucking cesspool mud hole town so damned unhappy?  Why is so many God Damned people going through panic attacks like water through a bucket with a hole in it?  Why is so many God Damned people so afraid for anyone to go even one foot out it?  And why are so many God Damned people here so fucking damned depressed all of the time?</p>
<p style="text-align: justify;">Why are they’re so many nameless lumps in the throats and constipation is a commonality, as is depression, panic attacks, poverty, and feelings of hopelessness of anything ever coming along to change it.  Everyone seems to want something to come along and change things but not if it upsets their little apple cart and blows a foul smelling fart into their little world.  So people here in Morrilton live in a fucking world of God Damned What Ifs and continual conflict of what they really want.</p>
<p style="text-align: justify;">This fucking town has a tendency to lock everything God Damned thing up including chest congestion, try coughing to clear your chest and throat and you cough for two fucking hours and it still wont come out.  In fact everything that can be made unenjoyable is made unenjoyable.  Try and latch onto even one small thing that gives you even the smallest  amount of pleasure and this God Damned greedy town will suck it away or the people in it will fuck it up for you.  Pleasure and even the remotest sort of happiness as well as jobs seems to be reserved only for a chosen few.  Biological rhythms go out the fucking window as does sleep cycles so that some people are on a God Damned fluctuating cycle, meaning you stay awake for about three days and then cycle over to staying awake all night for three or four nites.</p>
<p style="text-align: justify;">Pictured is the Morrilton Courthouse, where all of the Itsy Bitsy little black widows in the Itsy Bitsy little spider web have all of their offices.</p>
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		<title>My Tuesday Evening</title>
		<link>http://www.gayvets.net/blog/?p=1018</link>
		<comments>http://www.gayvets.net/blog/?p=1018#comments</comments>
		<pubDate>Wed, 04 Aug 2010 22:02:58 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=1018</guid>
		<description><![CDATA[I finally broke down and bought my very first Terabyte drive, that’s a thousand gigabytes of space.  I can remember when if a small business had a computer with 30 megabytes, with 640 KB’s of ram and 16 MHz processor, man they thought they were really uptown and cooking with gas.  Tandy or was it [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><div id="attachment_1020" class="wp-caption alignright" style="width: 338px"><a href="http://www.gayvets.net/blog/wp-content/uploads/2010/08/Fantom_1TB_Drive.jpg"><img class="size-medium wp-image-1020 " title="Fantom_1TB_Drive" src="http://www.gayvets.net/blog/wp-content/uploads/2010/08/Fantom_1TB_Drive-328x328.jpg" alt="" width="328" height="328" /></a><p class="wp-caption-text">Fantom 1TB External Drive</p></div>
<p style="text-align: justify;">I  finally broke down and bought my very first Terabyte drive, that’s a  thousand gigabytes of space.  I can remember when if a small business  had a computer with 30 megabytes, with 640 KB’s of ram and 16 MHz  processor, man they thought they were really uptown and cooking with  gas.  Tandy or was it Texas Instruments sold a basic no frills business  system in the 1980’s for around 8000 dollars.  My 1 terabyte external  drive set me back 79 dollars and 99 cents and with free shipping.  I can  even remember what my very first computer system was and that was  without a printer.  It was an MBC Sanyo 550 single floppy drive system  running 128 KB’s of RAM.  In those days hard drives were heavy bulky  affairs even a half height hard drive.  Far cry from the Electronic  Numerical Integrator and Computer (ENIAC) a 30 ton monstrosity of the  1940’s.  Which I found while googling the very first computer.</p>
<p style="text-align: justify;">In the  early 1980’s a computer in the home was a novelty, you either got  laughed at called geek or looked at like you were weird.  And the number  one question was what the hell do you need a computer for? They’re just  a waste of good money and you’ll never have any use for one. In fact I  gave all of my nieces and nephews their very first lessons in computers,  and never denied them the use of the computer.  Of course they didn’t  learn to type until they grew up though, before that it was the  two-finger hunt and poke method lol. Also in the late 1970’s and well  into the 1980’s those stinking commodores were all of the rage, I hated  those stupid things.  They really were mostly for the computer geeks and  were mostly for writing simple computer programs and playing games.</p>
<p style="text-align: justify;">Got my  yearly dose of noise level in Tuesday evening, one of my nieces came by  to check her email and run an online job search and brought her two kids  along.  I honestly don’t know how people can manage to put up with kids  24/7.  Mine poor little old EuroPro Shark was actually begging me to  empty the trash receptacle after they left.</p>
<p style="text-align: justify;">Well it  wasn’t actually begging, but it would have if it could.  One of them  spilled coca cola on my coffee table and one almost lost their  200-dollar iPhone device in my couch and one spilled some kind of  cinnamon cereal on the carpet. My poor couch has sparkly glitter from  one end of it to the other, I sat down on it after they left and got up  with sparkles on my jeans.  They wanted to watch Willy Wonka (the one  staring Johnny Depp) on the Disney channel.  I’ve got partial tone  deafness and hearing loss and one of her kids speaks in a low volume  voice, so I get her mama to translate for me lol.  Sometimes it sounds  like she kinda mumbling her words out instead of speaking lol.</p>
<p style="text-align: justify;">
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		<item>
		<title>Celebrities I Fantasize About, Who Do You Fantasize About?</title>
		<link>http://www.gayvets.net/blog/?p=983</link>
		<comments>http://www.gayvets.net/blog/?p=983#comments</comments>
		<pubDate>Tue, 20 Jul 2010 07:12:09 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=983</guid>
		<description><![CDATA[This kind of stuff I don’t post on my blog at KTHV Channel 11 or write to the editor of the local newspaper.  In the case of KTHV, I really don’t care to post it there anyway and in the case of the local newspaper the editor most likely wouldn’t publish it anyway lol.  ]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><p style="text-align: justify;">This kind of stuff I don’t post on my blog at KTHV Channel 11 or write to the editor of the local newspaper.  In the case of KTHV, I really don’t care to post it there anyway and in the case of the local newspaper the editor most likely wouldn’t publish it anyway lol.  Ever fantasize about some of your favorite stars from the past, doesn’t matter if they are living or dead its fantasy anyway.  In fact you don&#8217;t even need an overly strong vivid imagination, but By God it sure helps if you got one lol and makes a good fantasy even better.  Two male stars I fantasize a lot about are Andrew Stevens (still living) as Canadian Mountie Const. Alvin Adams from Death Hunt 1981 also staring Lee Marvin, Charles Bronson and Angie Dickinson.  And the late singer/actor Ricky Nelson as Colorado Ryan in Rio Bravo 1959, also staring John Wayne, Dean Martin, Walter Brennan and Angie Dickinson.  And sometimes as En. Tommy J Hanson in The Wackest Ship In The Army1960.</p>
<p style="text-align: justify;">Fabian, Tab Hunter and Frankie Avalon I didn&#8217;t fantasize about then and don&#8217;t fantasize about these days, although I used to fantasize about Tony Dow (just not as Wallace, Wally Cleaver) and still do on occasion.  Luke Halpin from the old Flipper series used to be fun to fantasize about though.  Be back in a sec gotta make a mad dash to the coffee pot.</p>
<p style="text-align: justify;">See when you get to be in your senile gay crotchety old age you tend to do a lot of that stuff, especially when you pull an all niter and the only thing worth watching on television is the Weather channel.  Though I don’t fantasize about the late Heath Ledger too much, I have nonetheless been a fan of his since the days of Roar.  And lets face it his performance, as Bisexual cowboy Ennis Del Mar in Brokeback Mountain was stellar. I suppose anybody, (well almost anybody) could have played the part of Jack, but anybody other than Heath Ledger playing Ennis would have totally fucked the entire movie.</p>
<p style="text-align: justify;">There are not a lot of young male actors of today that I don&#8217;t get into, they’re all so fresh from the pages of GQ its not even funny.  Actors in the 50’s had an innocence about them and just about every one of them had a fair amount of charm and charisma of no small amount.  I’ll pile up all of my unhealthy for ya snacks, treats, coffee and cigarettes (in my case its Prince Albert roll your own lol) pop a B grade sci-fi  from the fifties in the DVD drive on the computer and most of the time get lost in it and its take up a good hour or so.  Ever notice in the movies how the French are so open and relaxed when doing male frontal nudity, not so the Americans.</p>
<p style="text-align: justify;">Most of them come across as stiff as a board and are only willing to do a butt shot where the shit and stink comes out lol.  I mean if an actors only going to show us his bare butt where the shit and stink comes out, why even bother to include a nude scene in the first place, swing it around and give us some meat to work with hon.  Doesn’t’ matter to me if you look like you need to go out and get stung by a bee, I can always add a few inches to it in my fantasy… although I guess Ryan Phillippe does have a cute butt, even if it is only where the shit and stink comes out lol.</p>
<p style="text-align: justify;">Oh yeah and forgot to mention, whatever your reasonably good at and like doing if Morrilton doesn’t agree with it or like it, whatever is in Morrilton will do its best to eradicate it and failing that put it on such a low level as to be  outright unfulfilling. </p>
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		<title>New Regulations on PTSD Claims Quick Facts:</title>
		<link>http://www.gayvets.net/blog/?p=1069</link>
		<comments>http://www.gayvets.net/blog/?p=1069#comments</comments>
		<pubDate>Mon, 12 Jul 2010 20:24:00 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=1069</guid>
		<description><![CDATA[http://va.gov/PTSD_QA.pdf&#8220;Keep on, Keepin&#8217; on&#8221;Dan Cedusky, Champaign IL &#8220;Colonel Dan&#8221;See my web site at:http://www.angelfire.com/il2/VeteranIssues/ July 12, 2010 New Regulations on PTSD Claims Quick Facts: This new rule is for Veterans of any era. The new rule will apply to claims: o received by VA on or after July 13, 2010; o received before July 13, 2010 [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><p>http://va.gov/PTSD_QA.pdf<br />&#8220;Keep on, Keepin&#8217; on&#8221;<br />Dan Cedusky, Champaign IL &#8220;Colonel Dan&#8221;<br />See my web site at:<br />http://www.angelfire.com/il2/VeteranIssues/</p>
<p> July 12, 2010 </p>
<p>New Regulations on PTSD Claims </p>
<p>Quick Facts: </p>
<p>This new rule is for Veterans of any era. </p>
<p>The new rule will apply to claims: </p>
<p>o received by VA on or after July 13, 2010; </p>
<p>o received before July 13, 2010 but not yet decided by a VA regional office; </p>
<p>o appealed to the Board of Veterans&#8217; Appeals on or after July 13, 2010; </p>
<p>o appealed to the Board before July 13, 2010, but not yet decided by the Board; and </p>
<p>o pending before VA on or after July 13, 2010, because the Court of Appeals for Veterans Claims vacated a Board decision and remanded for re-adjudication. </p>
<p>QUESTIONS AND ANSWERS </p>
<p>“Stressor Determinations for Posttraumatic Stress Disorder” </p>
<p>1. What is Post-Traumatic Stress Disorder (PTSD)? </p>
<p>Post Traumatic Stress Disorder (PTSD) is a condition resulting from exposure to direct or indirect threat of death, serious injury or a physical threat. The events that can cause PTSD are called &#8220;stressors” and may include natural disasters, accidents or deliberate man-made events/disasters, including war. Symptoms of PTSD can include recurrent thoughts of a traumatic event, reduced involvement in work or outside interests, emotional numbing, hyper-alertness, anxiety and irritability. The disorder can be more severe and longer lasting when the stress is human initiated action (example: war, rape, terrorism). </p>
<p>2. What does this final regulation do? </p>
<p>This final regulation liberalizes the evidentiary standard for Veterans claiming service connection for post traumatic stress disorder (PTSD). Under current regulations governing PTSD claims, unless the Veteran is a combat Veteran, VA adjudicators are typically required to undertake extensive record development to corroborate whether a Veteran actually experienced the claimed in-service stressor. This final rulemaking will simplify and improve the PTSD claims adjudication process by eliminating this time-consuming requirement where the claimed stressor is related to “fear of hostile military or terrorist activity,” is consistent with the places, types, and circumstances of their service, and a VA psychiatrist or psychologist, or contract psychiatrist or psychologist confirms that the claimed stressor is adequate to support a diagnosis of PTSD. </p>
<p>3. What types of claims for VA benefits does the final regulation affect? </p>
<p>The final regulation will benefit Veterans, regardless of their period of service. It applies to claims for PTSD service connection filed on or after the final regulation’s effective date, and to those claims that are considered on the merits at a VA Regional Office or the Board of Veterans’ Appeals on or after the effective date of the rule. </p>
<p>4. Why is this final regulation necessary? </p>
<p>The final regulation is necessary to make VA’s adjudication of PTSD claims both more timely and consistent with the current medical science. </p>
<p>5. How does this final regulation help Veterans? </p>
<p>The final regulation will simplify and streamline the processing of PTSD claims, which will result in Veterans receiving more timely decisions. A Veteran will be able to establish the occurrence of an in-service stressor through his or her own testimony, provided that: </p>
<p>(1) the Veteran is diagnosed with PTSD;</p>
<p>(2) a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted confirms that the claimed stressor is adequate to support a PTSD diagnosis;</p>
<p>(3) the Veteran&#8217;s symptoms are related to the claimed stressor; and </p>
<p>(4) the claimed stressor is consistent with the places, types, and circumstances of the Veteran’s service and the record provides no clear and convincing evidence to the contrary. </p>
<p>This will eliminate the requirement for VA to search for records, to verify stressor accounts, which is often a very involved and protracted process. As a result, the time required to adjudicate a PTSD compensation claim in accordance with the law will be significantly reduced. </p>
<p>5. How does VA plan to monitor the need for examiners in various regions of the country, and how does VA plan to respond if is determined that more examiners are needed in a particular region? </p>
<p>The Veterans Health Administration (VHA) has written in to the FY11-13 Operating Plan the need for additional staff to support doing adequate, timely exams. VHA proposes: “A8. Increase mental health field staff to address the increase in C&#038;P examinations and develop monitoring system to ensure clinical delivery of mental health services does not decrease in VHA.“ Specifically, VHA has requested 125 clinicians for FY11 with additional 63 staff in FY12 if the need exists. If the Operating Plan and the proposed budget are approved, VA proposes asking the Veterans Integrated Service Networks (VISNs) to develop plans for distributing the funds in order to ensure adequate coverage at sites based on number of claims being processed; the VISNs are well positioned to determine these regional needs. </p>
<p>6. How does the regulatory revision affect PTSD service connection claims where an in-service diagnosis of PTSD has been rendered? </p>
<p>The new regulation does not apply to the adjudication of cases where PTSD has been initially diagnosed in service. Rather, under another VA rule, 38 CFR § 3.304(f)(1), if a Veteran is diagnosed with posttraumatic stress disorder during service and the claimed 3 </p>
<p>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&#8217;s service, the Veteran&#8217;s lay testimony alone may establish the occurrence of the claimed in-service stressor. </p>
<p>7. Is the new regulation applicable only if the Veteran&#8217;s statements relate to combat or POW service? </p>
<p>No. The rule states that the stressor must be related to a “fear of hostile military or terrorist activity,” and the claimed stressor must be “consistent with the places, types, and circumstances of the veteran’s service.” </p>
<p>8. What circumstances will still require stressor verification through DoD’s Joint Services Records Research Center (JSRRC) , VBA’s Compensation &#038;Pension Service (C&#038;P Service), or other entity if a Veteran claims that his or her stressor is related to a fear of hostile or terrorist activity? </p>
<p>The regulatory revision will greatly lessen the need for undertaking development to verify Veterans’ accounts of in-service stressors. Now, stressor development may only need to be conducted if a review of the available record, such as the Veteran’s service personnel and/or treatment records, is inadequate to determine that the claimed stressor is “consistent with the places, types and circumstances of the veteran’s service.” In such circumstances, the Veterans Service Representative (VSR) will determine on a case-by-case basis what development should be undertaken. </p>
<p>However, it is anticipated that in the overwhelming majority of cases adjudicated under the new version of § 3.304(f), a simple review of the Veteran’s service treatment and/or personnel records will be sufficient to determine if the claimed stressor is consistent with the places, types, and circumstances of the Veteran’s service. We also believe that, in some cases, a Veteran’s separation document, DD-Form 214, alone may enable an adjudicator to make such a determination. </p>
<p>9. As the regulatory revision seems to require an enhanced role for the examining VA mental health professional, whose role is it to determine whether the claimed stressor is consistent with the Veteran’s service? </p>
<p>VA adjudicators, not the examining psychiatrist or psychologist, will decide whether the claimed stressor is consistent with the Veteran’s service. </p>
<p>10. Is a Veteran&#8217;s testimony about “fear of hostile military or terrorist activity” alone sufficient to establish a stressor? </p>
<p>Yes, if the other requirements of the regulation are satisfied, i.e., a VA psychiatrist or psychologist confirms that the claimed stressor is adequate to support a PTSD diagnosis and that the Veteran&#8217;s symptoms are related to the claimed stressor, and the stressor is consistent with the “places, types, and circumstances of the Veteran’s service.” </p>
<p>11. Are the stressors accepted as adequate for establishing service connection under new § 3.304(f)(3) limited to those specifically identified in the new regulation? </p>
<p>No. The examples given in the revised regulation do not represent an exclusive list in view of the use of the modifying phrase “such as” that precedes the listed examples. Any 4 </p>
<p>event or circumstance that involves actual or threatened death or serious injury, or a threat to the physical integrity of the Veteran or others, would qualify as a stressor under new § 3.304(f)(3). </p>
<p>12. How will the Veterans Health Administration (VHA) work with Veterans Benefits Administration (VBA) on the new regulation? </p>
<p>VHA was actively involved in discussion with VBA of the new regulation and fully supports the new regulation. </p>
<p>The new regulation will provide fair evaluation for Veterans whose military records have been damaged or destroyed, or for whom no definitive reports of combat action appeared in their military records, even though they can report such actions and it is reasonable to believe that these occurred, given the time and place of service. </p>
<p>This will be especially beneficial to women Veterans, whose records do not specify that they had combat assignments, even though their roles in the military placed them at risk of hostile military or terrorist activity. </p>
<p>This means that more Veterans will become eligible for VA care and thus be able to receive VA care for mental illness related to their military service, as well as receiving full holistic health care.VHA will work actively with VBA on implementing the regulation. VHA staff’s main role is as clinicians conducting C&#038;P interviews to establish diagnoses and obtain other information to be used by VBA raters to determine the outcome of claims. </p>
<p>The new regulation will not change the diagnostic elements of the C&#038;P interview, but may change what additional data are collected for use by VBA raters. </p>
<p>&#8220;Keep on, Keepin&#8217; on&#8221;<br />Dan Cedusky, Champaign IL &#8220;Colonel Dan&#8221;<br />See my web site at:<br />http://www.angelfire.com/il2/VeteranIssues/</p>
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		<title>New Regulations on PTSD Claims  Quick Facts:</title>
		<link>http://www.gayvets.net/blog/?p=979</link>
		<comments>http://www.gayvets.net/blog/?p=979#comments</comments>
		<pubDate>Mon, 12 Jul 2010 20:18:34 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=979</guid>
		<description><![CDATA[http://va.gov/PTSD_QA.pdf "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/ July 12, 2010 New Regulations on PTSD Claims Quick Facts: This new rule is for Veterans of any era. The new rule will apply to claims: o received by VA on or after July 13, 2010; o received [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><p><a href="http://va.gov/PTSD_QA.pdf">http://va.gov/PTSD_QA.pdf</a></p>
<p><tt>"Keep  on, Keepin' on"<br />
Dan Cedusky, Champaign IL "Colonel Dan"<br />
See  my web site  at:<br />
<a href="http://www.angelfire.com/il2/VeteranIssues/">http://www.angelfire.com/il2/VeteranIssues/</a></tt></p>
<p>July 12, 2010</p>
<p><strong>New Regulations on PTSD Claims </strong></p>
<p><strong>Quick Facts: </strong></p>
<p>This new rule is for Veterans of  any era.</p>
<p>The new rule will apply to  claims:</p>
<p>o received by VA on or after July 13, 2010;</p>
<p>o received before July 13, 2010 but not yet decided by a  VA regional office;</p>
<p>o appealed to the Board of Veterans&#8217; Appeals on or after  July 13, 2010;</p>
<p>o appealed to the Board before July 13, 2010, but not yet  decided by the Board; and</p>
<p>o  pending before VA on or after July 13,  2010, because the Court of Appeals for Veterans Claims vacated a Board decision  and remanded for re-adjudication.</p>
<p><strong>QUESTIONS AND ANSWERS </strong></p>
<p><strong>“Stressor Determinations for  Posttraumatic Stress Disorder” </strong></p>
<p><strong>1. What is Post-Traumatic  Stress Disorder (PTSD)? </strong></p>
<p>Post Traumatic Stress Disorder  (PTSD) is a condition resulting from exposure to direct or indirect threat of  death, serious injury or a physical threat. The events that can cause PTSD are  called &#8220;stressors” and may include natural disasters, accidents or deliberate  man-made events/disasters, including war. Symptoms of PTSD can include recurrent  thoughts of a traumatic event, reduced involvement in work or outside interests,  emotional numbing, hyper-alertness, anxiety and irritability. The disorder can  be more severe and longer lasting when the stress is human initiated action  (example: war, rape, terrorism).</p>
<p><strong> </strong></p>
<p><strong>2. What does this final  regulation do? </strong></p>
<p>This final regulation liberalizes  the evidentiary standard for Veterans claiming service connection for post  traumatic stress disorder (PTSD). Under current regulations governing PTSD  claims, unless the Veteran is a combat Veteran, VA adjudicators are typically  required to undertake extensive record development to corroborate whether a  Veteran actually experienced the claimed in-service stressor. This final  rulemaking will simplify and improve the PTSD claims adjudication process by  eliminating this time-consuming requirement where the claimed stressor is  related to “fear of hostile military or terrorist activity,” is consistent with  the places, types, and circumstances of their service, and a VA psychiatrist or  psychologist, or contract psychiatrist or psychologist confirms that the claimed  stressor is adequate to support a diagnosis of PTSD.</p>
<p><strong> </strong></p>
<p><strong>3. What types of claims for VA  benefits does the final regulation affect? </strong></p>
<p>The final regulation will benefit  Veterans, regardless of their period of service. It applies to claims for PTSD  service connection filed on or after the final regulation’s effective date, and  to those claims that are considered on the merits at a VA Regional Office or the  Board of Veterans’ Appeals on or after the effective date of the rule.</p>
<p><strong> </strong></p>
<p><strong>4. Why is this final  regulation necessary? </strong></p>
<p>The final regulation is necessary  to make VA’s adjudication of PTSD claims both more timely and consistent with  the current medical science.</p>
<p><strong> </strong></p>
<p><strong>5. How does this final  regulation help Veterans? </strong></p>
<p>The final regulation will  simplify and streamline the processing of PTSD claims, which will result in  Veterans receiving more timely decisions. A Veteran will be able to establish  the occurrence of an in-service stressor through his or her own testimony,  provided that:</p>
<p>(1)  the Veteran is diagnosed with  PTSD;</p>
<p><strong>(2) a VA psychiatrist or  psychologist, or a psychiatrist or psychologist with whom VA has contracted  confirms that the claimed stressor is adequate to support a PTSD  diagnosis;</strong></p>
<p>(3) the Veteran&#8217;s symptoms are  related to the claimed stressor; and</p>
<p>(4) the claimed stressor is  consistent with the places, types, and circumstances of the Veteran’s service  and the record provides no clear and convincing evidence to the contrary.</p>
<p>This will eliminate the  requirement for VA to search for records, to verify stressor accounts, which is  often a very involved and protracted process. As a result, the time required to  adjudicate a PTSD compensation claim in accordance with the law will be  significantly reduced.</p>
<p><strong> </strong></p>
<p><strong>5. How does VA plan to monitor  the need for examiners in various regions of the country, and how does VA plan  to respond if is determined that more examiners are needed in a particular  region? </strong></p>
<p>The Veterans Health  Administration (VHA) has written in to the FY11-13 Operating Plan the need for  additional staff to support doing adequate, timely exams. VHA proposes: “A8.  Increase mental health field staff to address the increase in C&amp;P  examinations and develop monitoring system to ensure clinical delivery of mental  health services does not decrease in VHA.“ Specifically, VHA has requested 125  clinicians for FY11 with additional 63 staff in FY12 if the need exists. If the  Operating Plan and the proposed budget are approved, VA proposes asking the  Veterans Integrated Service Networks (VISNs) to develop plans for distributing  the funds in order to ensure adequate coverage at sites based on number of  claims being processed; the VISNs are well positioned to determine these  regional needs.</p>
<p><strong> </strong></p>
<p><strong>6. How does the regulatory  revision affect PTSD service connection claims where an in-service diagnosis of  PTSD has been rendered? </strong></p>
<p>The new regulation does not apply  to the adjudication of cases where PTSD has been initially diagnosed in service.  Rather, under another VA rule, 38 CFR § 3.304(f)(1), if a Veteran is diagnosed  with posttraumatic stress disorder during service and the claimed 3</p>
<p>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&#8217;s service, the Veteran&#8217;s lay testimony alone may establish the  occurrence of the claimed in-service stressor.</p>
<p><strong> </strong></p>
<p><strong>7. Is the new regulation  applicable only if the Veteran&#8217;s statements relate to combat or POW service? </strong></p>
<p>No. The rule states that the  stressor must be related to a “fear of hostile military or terrorist activity,”  and the claimed stressor must be “consistent with the places, types, and  circumstances of the veteran’s service.”</p>
<p><strong> </strong></p>
<p><strong>8. What circumstances will  still require stressor verification through DoD’s Joint Services Records  Research Center (JSRRC) , VBA’s Compensation &amp;Pension Service (C&amp;P  Service), or other entity if a Veteran claims that his or her stressor is  related to a fear of hostile or terrorist activity? </strong></p>
<p>The regulatory revision will  greatly lessen the need for undertaking development to verify Veterans’ accounts  of in-service stressors. Now, stressor development may only need to be conducted  if a review of the available record, such as the Veteran’s service personnel  and/or treatment records, is inadequate to determine that the claimed stressor  is “consistent with the places, types and circumstances of the veteran’s  service.” In such circumstances, the Veterans Service Representative (VSR) will  determine on a case-by-case basis what development should be undertaken.</p>
<p>However, it is anticipated that  in the overwhelming majority of cases adjudicated under the new version of §  3.304(f), a simple review of the Veteran’s service treatment and/or personnel  records will be sufficient to determine if the claimed stressor is consistent  with the places, types, and circumstances of the Veteran’s service. We also  believe that, in some cases, a Veteran’s separation document, DD-Form 214, alone  may enable an adjudicator to make such a determination.</p>
<p><strong> </strong></p>
<p><strong>9. As the regulatory revision  seems to require an enhanced role for the examining VA mental health  professional, whose role is it to determine whether the claimed stressor is  consistent with the Veteran’s service? </strong></p>
<p>VA adjudicators, not the  examining psychiatrist or psychologist, will decide whether the claimed stressor  is consistent with the Veteran’s service.</p>
<p><strong> </strong></p>
<p><strong>10. Is a Veteran&#8217;s testimony  about “fear of hostile military or terrorist activity” alone sufficient to  establish a stressor? </strong></p>
<p>Yes, if the other requirements of  the regulation are satisfied, i.e., a VA psychiatrist or psychologist confirms  that the claimed stressor is adequate to support a PTSD diagnosis and that the  Veteran&#8217;s symptoms are related to the claimed stressor, and the stressor is  consistent with the “places, types, and circumstances of the Veteran’s service.”</p>
<p><strong>11. Are the stressors accepted  as adequate for establishing service connection under new § 3.304(f)(3) limited  to those specifically identified in the new regulation? </strong></p>
<p>No. The examples given in the  revised regulation do not represent an exclusive list in view of the use of the  modifying phrase “such as” that precedes the listed examples. Any 4</p>
<p>event or circumstance that involves actual or threatened  death or serious injury, or a threat to the physical integrity of the Veteran or  others, would qualify as a stressor under new § 3.304(f)(3).</p>
<p><strong> </strong></p>
<p><strong>12. How will the Veterans  Health Administration (VHA) work with Veterans Benefits Administration (VBA) on  the new regulation? </strong></p>
<p>VHA was actively involved in  discussion with VBA of the new regulation and fully supports the new regulation.</p>
<p>The  new regulation will provide fair evaluation for Veterans whose military records  have been damaged or destroyed, or for whom no definitive reports of combat  action appeared in their military records, even though they can report such  actions and it is reasonable to believe that these occurred, given the time and  place of service.</p>
<p>This will be especially beneficial to women Veterans,  whose records do not specify that they had combat assignments, even though their  roles in the military placed them at risk of hostile military or terrorist  activity.</p>
<p>This means that more Veterans will become eligible for  VA care and thus be able to receive VA care for mental illness related to their  military service, as well as receiving full holistic health care.VHA will work  actively with VBA on implementing the regulation. VHA staff’s main role is as  clinicians conducting C&amp;P interviews to establish diagnoses and obtain other  information to be used by VBA raters to determine the outcome of claims.</p>
<p>The new regulation will not  change the diagnostic elements of the C&amp;P interview, but may change what  additional data are collected for use by VBA raters.<br />
<tt>"Keep  on, Keepin' on"<br />
Dan Cedusky, Champaign IL "Colonel Dan"<br />
See my web site  at:<br />
<a href="http://www.angelfire.com/il2/VeteranIssues/">http://www.angelfire.com/il2/VeteranIssues/</a><br />
</tt></p>
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		<title>All Of The Years Are Gone Department Of Veterans Affairs</title>
		<link>http://www.gayvets.net/blog/?p=1068</link>
		<comments>http://www.gayvets.net/blog/?p=1068#comments</comments>
		<pubDate>Sun, 11 Jul 2010 14:38:00 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=1068</guid>
		<description><![CDATA[Some would say you brought it on yourself, in fact VA psychiatrist and all psychologists used to beat the hell&#160; out of that line every time I would go and talk with one of them.&#160; Well all except for the one that treated me in New Orleans that is.&#160; As I’ve said before all of [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><div style="text-align: justify;">Some would say you brought it on  yourself, in fact VA psychiatrist and all psychologists used to beat the  hell&nbsp; out of that line every time I would go and talk with one of  them.&nbsp; Well all except for the one that treated me in New Orleans that  is.&nbsp; As I’ve said before all of my VA claims were denied in early 2003&nbsp;  shortly after returning to Arkansas.&nbsp; Received this little ole letter  from The Department of Veterans Affairs out of Washington in today’s  mail, wrote refused three times on the front of it and FOVBA on the back  of it and popped it back into the little ole mailbox.&nbsp; In fact didn’t  even give a damned what the contents of it were.&nbsp; Department of Veterans  Affairs all of the years are gone now and you were never there for me  when it might have done some good and made at least a few dreams  possible.</div>
<p>
<div style="text-align: justify;">Any letters I receive from the  Department of Veterans Affairs or any veteran’s organization for that  matter with the exception of a newsletter from The VVAW I refuse them  and return them.&nbsp; I haven’t had the pleasure as yet though of handing  out one of my standard form letters to any VFW, American Legion or DAV  members on a membership drive yet but I sure got em standing by at the  door lol.</div>
<p>
<div style="text-align: justify;">As I’ve stated in previous comments and  blog post all of my VA claims are now dead and buried for all time to  come and I’ve slammed the door on the VA for all time remaining to me.&nbsp;  I’ve no intentions whatsoever of letting anyone ever drag that kind of  emotional hell inside me again not ever.&nbsp; Let em all go be with the  liars, drug addicts, alcoholics and favorites that got all of the high  dollar retroactive VA awards dumped down of top them, because I sure as  hell was never one of them.</div>
<p>
<div style="text-align: justify;">So if I brought all onto myself then so  be it and I will live with, it’s no different than all of the rest of  the doors that were slammed in my face over the years.&nbsp; Only this time  around I choose to do it with full knowledge and willingly.&nbsp; And now  that Don’t Ask Don’t Tell stands a very good chance of being repealed  and if it is, the Department of Veterans Affairs and that does include  the VA Regional Office in Little Rock/North Little Rock will be obliged  to deal with more gay veterans than they even care to think about bravo  and I’m glad.</div>
]]></content:encoded>
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		<title>All Of The Years Are Gone Department Of Veterans Affairs</title>
		<link>http://www.gayvets.net/blog/?p=974</link>
		<comments>http://www.gayvets.net/blog/?p=974#comments</comments>
		<pubDate>Sun, 11 Jul 2010 01:54:34 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=974</guid>
		<description><![CDATA[Some would say you brought it on yourself, in fact VA psychiatrist and all psychologists used to beat the hell  out of that line every time I would go and talk with one of them.  Well all except for the one that treated me in New Orleans that is.  As I’ve said before all of [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><p style="text-align: justify;">Some would say you brought it on yourself, in fact VA psychiatrist and all psychologists used to beat the hell  out of that line every time I would go and talk with one of them.  Well all except for the one that treated me in New Orleans that is.  As I’ve said before all of my VA claims were denied in early 2003  shortly after returning to Arkansas.  Received this little ole letter from The Department of Veterans Affairs out of Washington in today’s mail, wrote refused three times on the front of it and FOVBA on the back of it and popped it back into the little ole mailbox.  In fact didn’t even give a damned what the contents of it were.  Department of Veterans Affairs all of the years are gone now and you were never there for me when it might have done some good and made at least a few dreams possible.</p>
<p style="text-align: justify;">Any letters I receive from the Department of Veterans Affairs or any veteran’s organization for that matter with the exception of a newsletter from The VVAW I refuse them and return them.  I haven’t had the pleasure as yet though of handing out one of my standard form letters to any VFW, American Legion or DAV members on a membership drive yet but I sure got em standing by at the door lol.</p>
<p style="text-align: justify;">As I’ve stated in previous comments and blog post all of my VA claims are now dead and buried for all time to come and I’ve slammed the door on the VA for all time remaining to me.  I’ve no intentions whatsoever of letting anyone ever drag that kind of emotional hell inside me again not ever.  Let em all go be with the liars, drug addicts, alcoholics and favorites that got all of the high dollar retroactive VA awards dumped down of top them, because I sure as hell was never one of them.</p>
<p style="text-align: justify;">So if I brought all onto myself then so be it and I will live with, it’s no different than all of the rest of the doors that were slammed in my face over the years.  Only this time around I choose to do it with full knowledge and willingly.  And now that Don’t Ask Don’t Tell stands a very good chance of being repealed and if it is, the Department of Veterans Affairs and that does include the VA Regional Office in Little Rock/North Little Rock will be obliged to deal with more gay veterans than they even care to think about bravo and I’m glad.</p>
]]></content:encoded>
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		<title>Court rejects veterans&#8217; disability claims unfairly, Louisiana advocate says</title>
		<link>http://www.gayvets.net/blog/?p=970</link>
		<comments>http://www.gayvets.net/blog/?p=970#comments</comments>
		<pubDate>Fri, 09 Jul 2010 22:28:06 +0000</pubDate>
		<dc:creator>R Gilbert</dc:creator>
				<category><![CDATA[Home]]></category>

		<guid isPermaLink="false">http://www.gayvets.net/blog/?p=970</guid>
		<description><![CDATA[Court rejects veterans&#8217; disability claims unfairly, Louisiana advocate says Published: Tuesday, July 06, 2010, 8:46 PM Updated: Tuesday, July 06, 2010, 8:57 PM Bruce Alpert, Times-Picayune http://www.nola.com/crime/index.ssf/2010/07/court_rejects_veterans_appeals.html A Louisiana veterans advocate Tuesday accused the Court of Appeals for Veterans Claims of rejecting many valid disability claims. &#8220;Veterans are not being treated fairly,&#8221; said Paul Labbe, [...]]]></description>
			<content:encoded><![CDATA[<img style='float: left; margin-right: 10px; border: none;' src='http://www.gravatar.com/avatar.php?gravatar_id=a63ef2ca4463b0cfb5e684a236ca4429&amp;default=http://www.gayvets.net/blog/wp-content/uploads/2010/06/cid_4BF45C69F1B1432A8E8960B0D23AB93B@ownerpeeaiaowk-e1277737664425.gif' alt='No Gravatar' width=50 height=50/><p style="text-align: justify;">Court rejects veterans&#8217; disability claims unfairly, Louisiana advocate says</p>
<p style="text-align: justify;">Published: Tuesday, July 06, 2010, 8:46 PM     Updated: Tuesday, July 06, 2010, 8:57 PM</p>
<p style="text-align: justify;">Bruce Alpert, Times-Picayune<br />
<a href="http://www.nola.com/crime/index.ssf/2010/07/court_rejects_veterans_appeals.html " target="_blank">http://www.nola.com/crime/index.ssf/2010/07/court_rejects_veterans_appeals.html </a></p>
<p style="text-align: justify;">A Louisiana veterans advocate Tuesday accused the Court of Appeals for Veterans Claims of rejecting many valid disability claims.</p>
<p style="text-align: justify;">&#8220;Veterans are not being treated fairly,&#8221; said Paul Labbe, who heads the Louisiana Veterans Advocacy Group of Lake Charles.</p>
<p style="text-align: justify;">Labbe said he also fears that a civil rights lawsuit alleging improper treatment by a doctor at the VA Alexandria Medical Center in Pineville will be thrown out if a federal judge accepts the arguments of Veterans Affairs lawyers.</p>
<p style="text-align: justify;">A filing by government lawyers argues that the suit doesn&#8217;t meet the criteria for a civil rights case and shouldn&#8217;t be allowed to continue to trial.</p>
<p style="text-align: justify;">Members of Congress have been looking at the issue of rejected disability claims after Assistant U.S. Solicitor General Anthony Yang admitted during a Supreme Court hearing in February that between 50 percent and 60 percent of veterans disability cases are mishandled by the Department of Veterans Affairs.</p>
<p style="text-align: justify;">Chief Justice John Roberts was surprised by the admission.</p>
<p style="text-align: justify;">&#8220;Well, that&#8217;s really startling, isn&#8217;t it?&#8221; Roberts said. &#8220;In litigating with veterans, the government more often than not takes a position that is substantially unjustified?&#8221;</p>
<p style="text-align: justify;">Labbe said the Court of Appeals for Veterans Claims continues what he called the injustice of rejecting the vast majority of appeals by veterans denied disability benefits by the VA.</p>
<p style="text-align: justify;">&#8220;Veterans aren&#8217;t getting any justice at this court,&#8221; Labbe said at a news conference outside the court&#8217;s Washington, D.C., headquarters.</p>
<p style="text-align: justify;">In 2007, a Harvard University study said it takes the Department of Veterans Affairs an average of six months to process a disability claim, and the appeals process takes a little less than two years. Because many veterans applying for disability benefits are elderly, many die before a final decision is rendered, the study said.</p>
<p style="text-align: justify;">Calls to the court&#8217;s chief justice, William Greene Jr., were not immediately returned.</p>
<p style="text-align: justify;">The House Veterans Affairs Committee heard testimony last week about legislation that would give veterans more time to file appeals.</p>
<p style="text-align: justify;">Rep. John Adler, D-N.J., discussed the case of Korean War veteran David Henderson, a diagnosed schizophrenic, who was denied a hearing because his appeal was filed 15 days past the 120-day deadline set by the court. His disability, Henderson said, made it impossible for him to get the papers together in time to meet the court&#8217;s deadline.</p>
<p style="text-align: justify;">&#8220;The veterans&#8217; claims process is extremely difficult to navigate, especially when doing so without the aid of an attorney or while suffering from a mental disability,&#8221; Adler said.</p>
<p style="text-align: justify;">Rep. Alcee Hastings, D-Fla., said he was distressed to hear about a veteran in his state who was cut off from his veterans&#8217; pension for a year, two days after he voluntarily disclosed that insurance was paying some medical costs resulting from an accident in which an automobile struck his wheelchair, knocking him head first against the pavement.</p>
<p style="text-align: justify;">Given that it takes many months to qualify for benefits, Hastings said he found it disturbing that someone could be cut off benefits in just two days.</p>
<p style="text-align: justify;">&#8220;This means that the law effectively punishes veterans when they suffer from such an accident or theft,&#8221; Hastings said.</p>
<p style="text-align: justify;">Bruce Alpert can be reached at balpert@timespicayune.com or 202.383.7861.</p>
<p style="text-align: justify;">Also see:</p>
<p style="text-align: justify;">http://johnhall.house.gov/index.php?option=com_content&amp;view=article&amp;id=1215:hall-applauds-new-post-traumatic-stress-disorder-rule-for-americas-veterans&amp;catid=39:news-center&amp;Itemid=32</p>
<p style="text-align: justify;">&#8220;Keep on, Keepin&#8217; on&#8221;<br />
Dan Cedusky, Champaign IL &#8220;Colonel Dan&#8221;<br />
See my web site at:</p>
<p>http://www.angelfire.com/il2/VeteranIssues/</p>
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