In 1965 on The 8th of November & A PTSD discussion forum!

Morrison & Foerster Files Class Action Challenging Government’s

Mistreatment of Returning Veterans Suffering From Post-Traumatic Stress Disorder

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Veterans’ Civil Rights Case, first of its kind, includes Department of Veterans Affairs and U.S. Attorney General Gonzales as defendants; focuses on veterans from Iraq and Afghanistan conflicts; alleges “unconscionable delays” and other violations of veterans’ constitutional and civil rights

SAN FRANCISCO/WASHINGTON (July 23, 2007) -- Attorneys at Morrison & Foerster LLP have filed an unprecedented national class action lawsuit alleging “shameful failures” by the U.S. Department of Veterans Affairs (“VA”) and other government institutions to care for injured veterans – particularly those who have returned from Iraq and Afghanistan and are now suffering from post-traumatic stress disorder (“PTSD”). The firm is handling the case on a pro bono basis.

The action was brought on behalf of all veterans and their families seeking or receiving death or disability compensation for PTSD, as well as those who have pending claims or who have applied for VA medical benefits based upon the disorder. The complaint was filed in the U.S. District Court, Northern District of California.

Morrison & Foerster estimates the class size as between 320,000 and 800,000 veterans, by multiplying the number of military personnel serving in Iraq and Afghanistan (1.6 million) by the estimated percentage of PTSD amongst the returning troops (20% to 50%). The non-profit Veterans for Common Sense and Veterans United for Truth are among the plaintiffs.

Defendants include R. James Nicholson, Secretary of the VA (who resigned on July 17, effective later this year); Alberto Gonzales, Attorney General of the United States, Dr. Michael Kussman, Under Secretary of the Veterans Health Administration; Daniel L. Cooper, Under Secretary for the Veterans Benefits Administration, Pritz K. Navara, Veterans Service Center Manager, VA Oakland Regional Office, and various other government officials.

The plaintiff class seeks declaratory and injunctive relief only – no monetary damages – and challenges the constitutionality of the Veterans Judicial Review Act, and related administrative policies and procedures. Plaintiffs allege a number of policy failures on the part of the VA, including:

repeated violations of federal statutes guaranteeing health care for returning veterans;

unconscionable delays and prohibitively complicated procedures in the adjudication of claims seeking benefits or medical care and appeals, coupled with the VA’s providing misleading timeliness statistics to the American public;

the VA’s premature and intentional denial of claims, and other administrative abuses calculated to boost incentive bonuses for VA employees;

exertion by VA officials in Washington, DC of inappropriate pressure and influence upon the adjudication of PTSD claims by regional VA offices; and

a pattern of chronic under-funding and under-staffing of VA programs.

According to Gordon P. Erspamer, a litigation partner in Morrison & Foerster’s Walnut Creek office: “This isn’t a case about isolated problems or the type of normal delays and administrative hassles we all occasionally experience with bureaucracies. This case is founded on the virtual meltdown of the VA’s capacity to care for men and women who served their country bravely and honorably, were severely injured, and are now being treated like second-class citizens.”

“The delays caused by the VA have created impenetrable barriers to relief for thousands of impaired veterans, whose suffering is compounded by a VA system that denies them their fundamental constitutional and civil rights that all the rest of us share,” Mr. Erspamer added.

Mr. Erspamer is acutely aware of the plight of veterans with serious health problems having to endure interminable waits for treatment and benefits from the government. His own father, Ernest, was exposed to extensive radiation during atomic bomb tests in the Pacific Bikini Atoll in 1946 and later developed leukemia, which took his life in 1980. Even with her son’s help, it then took his mother more than ten years to obtain disability and death benefits from the VA, a journey that included the first case ever heard or decided by the newly created Court of Veterans Appeals (now Court of Appeals for Veterans’ Claims) in 1990. Erspamer v. Derwinski, 1 Vet. App. 3; 1990 U.S. Vet. App. LEXIS 1. Morrison & Foerster also represented the National Association of Radiation Survivors in the landmark due process case of NARS v. Walters, 473 U.S. 305, which addressed many of the same types of abuses as today’s filing.

Paul Sullivan, Executive Director of Veterans for Common Sense, explained his organization’s participation in the class action: “Since the Iraq and Afghanistan wars began, VA has betrayed our veterans. Instead of hiring more doctors and claims processors, VA instituted new policies that block veterans’ access to prompt mental healthcare. America should be outraged. While we are reluctant to file suit against VA, it is VA’s anti-veteran policies that leave us no other option than to fight for what our veterans earned after fighting on the front lines in Iraq and Afghanistan.”

Bob Handy, Chair of plaintiff group Veterans United for Truth, emphasized the non-partisan nature of the suit, stating that “We believe that this is a case that all points of the political spectrum will support, as regardless of one’s views on the current wars, we all share the strong belief that we should take care of those who die or are wounded in battle.”

The current complaint explains how the large influx of veterans from Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom in Iraq has finally crippled a long-struggling system — with 200,000 new disability claims arising from these two actions alone. The complaint further reveals the existence of over 600,000 back-logged claims covering all manner of illness, with many taking more than 10 years to be fully adjudicated.

The Plaintiffs assert that the existing VA system for obtaining benefits or medical care is especially ill-suited for dealing with PTSD. Veterans from the Afghanistan and Iraq actions are suffering from PSTD in unprecedented numbers, with about one in five Afghanistan veterans affected, and approximately one in three veterans from Iraq already seeking mental health services.

“PTSD is prevalent in troops returning from the current wars because of multiple rotations into combat, the absence of battle lines, widespread use of improvised explosive devices, the moral ambiguity of killing combatants dressed as civilians, the unprecedented use of National Guard and Reserve troops, and the use of body armor that saves lives but leaves minds and bodies shattered,” the complaint explains.

The complaint further alleges that federal government officials have improperly induced many soldiers suffering from PTSD to accept “personality disorder” discharges, precluding veterans from obtaining disability benefits or receiving ongoing medical treatment because the disorder is then classified as a pre-existing condition.

“More than 22,500 soldiers across the armed forces have been suspiciously diagnosed and discharged with ‘personality disorder’ in the last six years, condemning them to a lifetime of disability without any compensation or access to VA medical care,” the complaint states.

“Many of these veterans simply give up in frustration and despair or die—some committing suicide,” added Morrison & Foerster’s Mr. Erspamer.

The complaint summarizes: “Unless systemic and drastic measures are instituted immediately, the costs to these veterans, their families, and our nation will be incalculable, including broken families, a new generation of unemployed and homeless veterans, increases in drug abuse, increases in alcoholism, and crushing burdens on the health care delivery system and other social services in our communities.”

For further information, please contact lead counsel for Plaintiffs, Gordon P. Erspamer, 925-295-3341, GErspamer@mofo.com. Other sources for information include Russell K. Terry, CEO/Founder, Iraq War Veterans Organization, Inc., 909-494-6218, webmaster@iraqwarveterans.org, Ronald B. Abrams, Deputy Director, National Veterans Legal Services Project, 202-265-8305, ron_abrams@nvlsp.org, Michael Blecker, Executive Director, Swords to Plowshares, 415- 252-4787, extension 321, mblecker@stp-sf.org, and Amy Fairweather, Director of Iraq Veteran Project, Swords to Plowshares, 415-252-4787, extension 356, afairweather@stp-sf.org.

The complaint can be viewed at http://www.mofo.com/docs/pdf/PTSD070723.pdf. The dial-in number for the Press Conference on July 23, 2007 at 11:00AM PDT is (800) 621-5169. The Press Conference will be held at the offices of Morrison & Foerster, 425 Market Street, 11^th Floor, San Francisco, CA.

About Morrison & Foerster

With more than 1000 lawyers in eighteen offices around the world, Morrison & Foerster offers clients comprehensive, global legal services in business and litigation. The firm is distinguished by its unsurpassed expertise in finance, life sciences, and technology, its legendary litigation skills, and an unrivaled reach across the Pacific Rim, particularly in Japan and China.

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Prior Results Do Not Guarantee A Similar Outcome

Controversy Builds About the Prevalence of PTSD in Vietnam Veterans

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— Controversy continues to swirl concerning the findings of a landmark study that estimated the percentage of Vietnam veterans suffering from posttraumatic stress disorder (PTSD).

Traumatic stress experts have renewed a clash over the results of the 1988 National Vietnam Veterans Readjustment Study (NVVRS), which originally estimated that 30.9 percent of veterans endure the effects of PTSD during their lifetime, and that 15.2 percent still suffered from PTSD more then ten years after the war. The actual prevalence of PTSD in veterans is vigorously debated among the field’s leading researchers, with long-lasting public policy implications for veterans of all U.S. wars, including the current conflict in Iraq.

New opinions by several parties involved are reported in the August issue of the Journal of Traumatic Stress, published by the International Society of Traumatic Stress Studies (ISTSS).

PTSD News and Resources

Bruce P. Dohrenwend, PhD, of Columbia University, et al. conducted a recent reanalysis of the NVVRS, which found an 18.7 percent prevalence rate of lifetime war-related PTSD and 9.2 percent of current PTSD at the time of the study. The authors say that the finding of lower rates is the result only of differences in the definition of the disorder and does not represent a significantly lower total number of soldiers impacted.

The key finding of their study, according to Dohrenwend et al., was that the NVVRS confirms a “strong dose/response relationship between severity of exposure to war-zone stressors and PTSD.” The more soldiers are exposed to the horrors of war, the more likely they are to suffer from posttraumatic stress.

Richard J. McNally, PhD, of Harvard University, argues that the original NVVRS and the more recent Dohrenwend reanalysis overestimated the prevalence of PTSD in veterans by using faulty criteria for diagnosing the disorder. According to McNally, 5.4 percent of Vietnam veterans showed clinically significant functional impairment at the time of the NVVRS study.

“Eliminating cases who exhibit no functional impairment is an important way to address a chief concern of the NVVRS’s critics,” said McNally. “Not all emotional changes wrought by serving in a war zone are symptoms of disease or disorder.”

A number of experts disagree with McNally’s interpretation of the data, including the original authors of the NVVRS study. William E. Schlenger, PhD, of Duke University Medical Center, et al., claim McNally misrepresents the findings of Dohrenwend et al.’s analysis.

“[McNally’s] erroneous statements and misrepresentations seem clearly to be not random,” said Schlenger et al. “Instead, they appear to have been crafted to support a specific bias that has significant policy implications, i.e. that PTSD prevalence among Vietnam veterans is a minor problem, and the real problem is veterans faking combat exposure and PTSD symptoms to qualify for service-connected disability.”

According to Dean Kilpatrick, PhD, of the National Crime Victims Research and Treatment Center Medical University, “In my view, the reexamination by Dohrenwend and colleagues is a major contribution to this public policy debate…It confirms that most veterans of the Vietnam War were resilient, but that an important subset continued to have PTSD over a decade after the war was over.”

Despite disagreements on numbers and methods, the experts concur that the government has a responsibility to adequately treat veterans with PTSD. “Regardless of [frequency], the central issue is whether resources are sufficient to meet current demand,” said McNally. “The key question is, 'If a veteran seeks mental health care, will that be able to obtain prompt access to state-of-the-art, evidence-based [care]?' If not, then we must increase resources."

The International Society for Traumatic Stress Studies is an international multidisciplinary, professional membership organization that promotes advancement and exchange of knowledge about severe stress and trauma.

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The letter that Sky Soldier sent me could have been written by me a year ago. His questions caused me to think, how many of us out there simply do not know where to turn or what to do? There must be thousands of us.

In May of last year, I was literally dragged by a couple Sky Soldier buddies to a Texas vet representative who filed a claim with the VA for PTSD, and various physical maladies (broken ankle while jumping, bad knees, lower back, hearing impairment, migraines, etc.) which may or may not be attributed to my service in the military and VN. Upon return to Florida, a buddy from the 319th, took me by the hand to the local Disabled American Veteran's office (DAV), to transfer the claim to their representation. The DAV guy told me at the end of the meeting, "When you walked in I could tell you needed help". The DAV re-wrote the claim and it was submitted to the Florida VA.

Some history.

For 30 years or so I seldom admitted I was a VN vet, my kids hardly knew. I never associated with vets. I viewed those claiming PTSD were simply looking for a free ride and the whole matter of PTSD was bullshit. I also stuffed my war experience all those years, never talking about it, trying never to think about it. I'm 59 now, but lo and behold, when I hit 50, for some reason I can't explain, our war came back to bitch slap me big time. I soon learned PTSD is real, and I was infested with it. I learned many of the chinks in my armor were directly related to that illness. I had lived 30 years imposing on others certain negative character traits I didn't start this life with. And my wife, my kids and anyone crossing my path were forced to deal with them, and me.

The first obstacle I had to overcome during this process, just like our buddy above, was to get over the thought, and it's taken me a year to get over it, "I don't want or need help from anyone, especially the VA (government). I joined the army and did my service, nothing is owed me". I had gone to the VA around 1972, complaining of night sweats, fatigue, nightmares, jumping at loud noises, avoiding crowds, being anti-social, waking up hitting my wife, etc., and I blamed it on the malaria I had contracted in VN. The VA told me I was not having a relapse of malaria and to get the hell out. I got the hell out and never went back until last year. Now, I know, those symptoms so many years ago was our friend, PTSD. This was a time before they even knew the illness existed…Or did they know and just send me away???

The Viera VA Clinic is not far from my home here in Merritt Island, FL, and soon after filing the claim, I began to receive letters from the VA scheduling various appointments for physical examinations related to the claim. In a later group session of VN vets, one of the guys said, "If you didn't have PTSD before, you'll have it now dealing with the VA!" He was right. I found meeting with the VA was stressful beyond belief. There was a lack of trust on my part, given my earlier experience with them, a lack of trust which I believe is justified. They performed every possible examination on me, inside and out, which one can imagine. And throughout this process it was obvious to me they were, in the subtlest of ways, looking for reasons to disprove I had any problems whatsoever.

Following countless physical examinations over many months, I was nearing the time when I would meet with the VA psychiatrist who would interview me with the objective of making a determination on PTSD. I was terrified of this meeting. I didn't understand much about PTSD, other than the little I had read which seemed to confirm to me I was a candidate for the illness, and here I was headed to be questioned by some civilian witch doctor who I knew would throw me out the door, and who would make me talk about blood and guts things I didn't want to talk about. I would have rather jumped out of a C-130 without a chute than go to that meeting. But, my wife and a few Sky Soldier buddies kept after me to continue the process.

Prior to this inquisition, my wife and I happened to come across some kind of vet rally near here where vets were gathering in honor of the young kids serving in the Middle East. We stopped and began walking by the many kiosks there, before coming on one which bore a sign in large letters stating, "FREE PTSD TESTS". I was nearing the end of my process with the VA, with only the pysch meeting left, and almost didn't stop. I did stop, however, and some lady gave me a four or five page questionnaire to fill-out, which I did. A series of multiple choice questions ranking certain emotional aspects of one's life from good to really, really bad. I completed the form honestly, then some guy wearing an 82nd Airborne hat graded it and wrote down the number 147. I asked him what that meant. He said, "Call me", and gave me his business card, Dr. Scott Fairchild.

My final meeting with the VA pysch was a week away so my wife had that postponed to give me time to meet with the All-American. A week or so later I had my first meeting with Doc Scott, and with him being ex-military and a trooper, I was able to feel comfortable with him, safe. He got me opening up so much I was crying like the little bitch girl I am. He brought everything out of me, stuff which I had pounded down inside for so many years. It hurt to do this guys, it hurt a lot.

Following a series of one and two-hour one-on-one sessions with Doc Scott, plus a couple group sessions, which I personally don't care much for, the All-American concluded I was suffering from "chronic and severe PTSD". Well, howdy doo. Doc Scott wrote-up a 20 page report on me detailing his assessment of this old RTO, which was given to the DAV who submitted it in support of my claim.

I finally met with the VA psych. It turned out this civilian lady was very pro vet, I got lucky I suppose. She made the meeting as easy on me as possible and stated she would accept Doc Scott's finding rather than put me through more tests. Somehow I survived the meeting. Today, with some guarded optimism while sucking down daily anti-depression pills, I'm awaiting a decision from the good folks at the VA. I continue to see Doc Scott each month, and both my wife and I are attending separate group sessions. I failed to mention, Doc Scott did some of the early work on PTSD for the army at Walter Reed, and is an authority on that illness.

For you brothers who don't know where to turn, or how to start the process, I hope this helps some. Their medical treatment today, however, seems equal to anything one might find in the private sector. If you believe you may also be infected with PTSD, or if you have physical problems which may be directly tied to your military and VN service, I recommend the following:

1. Document for yourself and the VA every illness you have or think you have;

2. Call-up on the internet everything you can find on VA claims and PTSD;

3. Talk with buddies who have been through the process, especially those who've recently been through it;

4. Do not file the claim with the VA yourself, select one of the organizations to represent you (talk to your buddies about who they've used), i.e. DAV, VFW, American Legion, etc;

5. If possible, get a thorough and complete physical examination from a private doctor to support your claim;

6. If possible, find your own All-American civilian pysch or call Doc Scott;

7. Stay at it, don't give up, recognize the process can be stressful and easy to walk away from. You've done harder things, you can do this;

8. Control all your paperwork and don't miss any appointment, and don't be overly chatty with the VA bastards;

9. Get your hands on Nam Vet, written by Sky Soldier Chuck Dean on PTSD, and Facing the Wall, written by Phil Ferrazano, VN vet, on dealing with the VA. (see below); and perhaps most importantly;

10. Never give up.

Good luck… kaboomA.gif (27087 bytes) And NEVER quit.

It shouldn`t have to be this way and unfortunately IT IS, so don`t give them the satisfaction of Quitting. You`ll only, in essence, be quiting on yourself!!!

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general.gif (21970 bytes) Guys:

Sky Soldier Ted Roybal, B/2/503d, send this in, thanks Ted. If any of us ever wondered what good came out of our war, perhaps it's the fact these young vets coming home are not being forgotten, and as the report below makes clear, will not go without just and due help and care without a fight. Let's hope so.

Me. I'm going to email a note of thanks to Gordan Erspamer GErspamer@mofo.com for this good effort he and his firm have freely undertaken on behalf of our nation's vets.

Airborne brothers!

Hi Guys:

Please see the notes below from concerned Sky Soldiers. Scott Smith's
note, in my view, is particularly useful and potentially helpful. You might
also want to read the note from another brother and my reply to him.

Airborne brothers!

From: "Scott Smith" <shs2pm@hotmail.com>

RE: PTSD Exchange (S-Z)

After negotiating the labyrinth we know as the VA claim system, then volunteering at the PTSD unit of the Waco VA Hospital, I'd like to
provide these LESSONS LEARNED:

1) It's too easy for us hardcores to say fuck'em, I don't need this
administrative hassle & drive-on.
But remember, if you quit they win! If you go away, they don't have to
do anything except continue to sit upon their bureaucratic butts. It's
simple mind over matter from their perspective. They don't mind --- and
you don't matter. The lesson is two fold:
We didn't quit when it came to "taking the hill", why should we quit now.
The VA is not the enemy, it's just a maze of professional slackers
protected by triple canopy, & wait-a-minute vines.

2) Get a good Veterans Service Officer to represent you; their job is to "break trail for you". Don't accept a VSO simply because you're a member of that organization, or he is your third cousin, or whatever. If he
doesn't have time to drink a cup of coffee with you and listen to your
story, he doesn't have time to properly represent you. And maintain
commo with him throughout the process to insure your file isn't sitting
in a file cabinet collecting dust. The VA employees may be lazy, but
they must constantly follow procedures. They are required to take action
on your file within a set time limit. Your VSO is tied into their
computer system that tracks your claim & can tell you instantly the what,
where & whys.

3) Don't ever trust the VA claim officer to request info from your VA Hospital. They are two different worlds. NO ONE ELSE BUT YOU ARE RESPONSIBLE FOR GETTING THE SUBSTANTIATING EVIDENCE INTO YOUR FILE. The VA claim officer will see only what is in your file at the time of review. If you file a claim without seeking VA Hospital support for PTSD you will be denied. It's simple, get help for your PTSD.

4) If you have a CIB/CMB and a Purple Heart [maybe even something that says "V" for valor] it should be a breeze right? Wrong!! The VA Admin
will request a Compensation & Pension review by a qualified VA Hospital.
Everything you have worked for hinges on this. And when you go for this
C&P, don't step on a "booby trap". The first thing they will do is
extend their hand to shake yours & say "how're you doing?". It's human
nature to respond "I'm fine". BOOM - you just blew up! Look them
straight in the eye and say "What the fuck do you care". If you don't, I
promise you will be rated from 0 to 10% for PTSD. I've seen too many
Silver Stars with 10% and "bus drivers" with 100% to ever try to explain
the rating system.

5) Whatever percentile less than 100% you are initially rated at, request a review not an appeal. An appeal takes much longer, moves your claims file into a totally different realm of reality, & is a last resort. If
you've done your homework, gotten help from the right sources, and taken
responsibility for YOUR claim, it's just another day of "humpin' ruck in
the sunshine".

Take care,

Scott H. Smith
A/1/503rd Infantry
173rd Airborne Brigade [Separate]
'67 - '68

trooper3.gif (9683 bytes) To: rto173d@bellsouth.net

Re: PTSD Exchange (S-Z)

Hi Smitty,

I believe VETS deserve all they can get but this letter you reprinted is
not the way to do it. The letter is all speculation and without facts and
it talks about "going postal," that means killing people. I know there are
many hardship stories about the VA but overall my experiences have been
all good. It is my belief that It is not in our best interest to be
spreading the kind of propaganda expressed in your reprint.

Sincerely XXX

Understand what you say XXX, but that note by that guy and my reply are
substantiated by too many real life experiences numerous others have
reported. Agreed, I wasn't fond of his postal statement either, although he put that in for ballast. It seems the VA acts differently in different
parts of the country, here they're pretty helpful and understanding, once
you're in the system. Getting in the system is the difficult part for
many, and that process can scare away the strongest amongst us. In the
main, the VA is not our friend. I'll be circulating an interesting note
from 173d buddy Scott Smith which further speaks to this. The fact open
dialogue has begun, perhaps some of our guys will seek help after
realizing there is no reason to be ashamed or embarrassed to seek help for
the illness, and it's something, I suspect, the majority of us suffer
from. Thanks for sharing your thoughts, much appreciated. Be well bro,

Airborne brothers!

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"Very good write-ups my brother and all very true. If I may, I would like to add a bit to what you have stated already. I can not reply to all that you sent this too so this is going back to you alone, however, you may, in fact, I would appreciate it if you would pass it on to others, especially the Doc.

PTSD is a wound, just like any other wound one might receive in war time, with the exceptions that follow: You can not see this wound like you can a bullet wound but it is there just as readily as any bullet; this wound leaves scars that are not seen on flesh but that causes the flesh of man to be viewed differently in the eyes of others as they sense something different, something wrong, abnormal; you don't get a Purple Heart for this wound; the VA will attempt to tell you that this wound does not exist in you, that you are fine, just getting old.

The myth that any one of us is taking away from a brother warrior, especially the young ones of today, is just that, a myth. We as Vietnam Vets are not taking away from any other veteran, Vietnam vet or Iraqi, Afghanistan or other vet of any other period of war, in fact, if it were not for us Vietnam Vets the vets that have followed us would be getting nothing not even a consideration for PTSD. The fact remains that were it not for us Vietnam Vets who have fought the VA and continue to fight the VA the warriors of today would be getting discharged with a Personality Disorder and receiving no benefits what-so-ever as that is a pre-existing condition and not subject to compensation via the VA.

The same myth was circulating through the ranks of the WWII and Korean vets when we came home, that is, that we as Vietnam vets were taking away from the vets of those wars. In reality just the opposite was true, we got more for those vets than they were receiving to begin with. We set the standards for PTSD diagnosis and care. We are taking nothing from anyone, the fact is, we are making more available to the warriors that follow us in history.

The attitude that Doc displays (being undeserving) is not one that is held by few, but, unfortunately, it is held by many and held in error. The truth is the more we fight for what we are due, the more those who follow us through the VA process will gain. It is up to us, the Vietnam Vets, to keep this fight going and to secure all we can for those who follow us in this battle with the VA. If we lay down and quit those who follow us will lose. We have to show them the way and help them get what they have earned through their blood, sweat and tears. We know what they are experiencing; we know their pain. The young warriors of today do not know the ropes so it is up to us to show them, guide them and help them in every way we can and the best way we can do that is not to give up on our own claims. We can not give up on ourselves, our just disability, our brothers who need our help and the young warriors who are coming home looking for help. We are that help brothers and we must continue to fight!

PS: Doc if you need help with your claim I will be more than happy to assist you with it. The story you are being told, that 50% is as much as you will get, is BS. I have had many vets come to me with the same story, told to them by their service officers. All I can say is that those vets are now 100% for PTSD because that is what their medical records and the law dictated. I would imagine that your records will show the same thing, that you should be 100%.

Jerry "Rocky" Stone,

A Sky Soldier

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gernad.gif (35666 bytes) Guys:

Here's an interesting exchange between a Sky Soldier buddy and me. I've X'd out his name for privacy purposes. Hope you find something useful in this brief discussion.

Eric Hitchcock, our new president of the Association, has expressed serious interest in ways the organization can better work to lend help and advice to members and their families on the subject of PTSD, available treatment, and running the VA claim process gauntlet. He and I will be talking soon and it's hopeful Eric will have something beneficial to share with everyone before the too distant future.

Airborne brothers!

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To: rto173d@bellsouth.net

Sent: Monday, July 23, 2007 10:19 AM

Subject: PTSD

Good Morning …

I was surprised that only 200,000 was receiving disability for PTSD . I don't know anyone that I served with that shows no symptoms at all . You don't go around diagnosing folks telling them they have PTSD, as it may earn you a ass whipping for you're concern . It could be something as simple as making sure you are seated with you're back away from the door in a fine drinking establishment as the VFW ! It goes on and on !

VA will screw you . I have always received good treatment from the Dr.s except for one time I had to write a letter and get my Dr. replaced . This was done as soon as they received the letter . Now with claims they lose them, say you received notification when you did not for a evaluation . They will close out you're claim with out it being resolved . When all else fails they will stick it in a drawer for a few months until a VA rep tracks it down and carries it to the board . That's all happened to me . Its a wonder that no one has tried to wipe them out a few dozen at a time ? You know pull Joe Post office on them ?

Why should Veterans have to made to feel this way???

Nicholson was put into his position by Bush to slow down the claims or stop them altogether . Smith who he replaced had some good things going to speed up claims that Nicholson stopped as soon as he took charge . Bush thought Smith was soft on the Vet.

I have to go . Don't put what I say on the net . Its my opinion not backed by anything but for your eyes only .

XXXX

Well Our BunKer`s Editors thought we would put it here anyway…because most veterans are made to feel this way when they are trying to open new claims. It is wrong! It is wrong for us to be treated this way…But look at the way society treated us for twenty-five years after our war! ( Nam) And some of them still treat us that way.

The VA is no different, they seem to think if they can make us feel bad we`ll just go away. That’s what they want us to do any way…But in MY PERSONAL experience I would not settle for that…did not settle for that…and therefore spent seven years fighting for what I KNEW I DESERVED. I had to take it to the Board of Veterans Appeals, which each person is allowed to do…and I finaly got a true determination after ten years.

Any one interested in the hows and whys of doing any claims, I am always available to help you through the mine field.

E me @ rgeer@ne.rr.com ANYTIME.

I`m here to help you get there!

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Ricr0c

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THE CONTRACT

This past week my wife and I were visited by one of our Sky Soldier medic buddies, whom I’ll call Doc Bob. Bob and his wife were down here in Florida specifically to meet with Dr. Scott Fairchild, one of the civilian guru’s on PTSD. In fact, Doc Scott did much of the early research on PTSD for the army at Walter Reed and is a recognized authority on the illness. He has and continues to help many Sky Soldiers and other vets from across the country, and their wives, with his PTSD evaluations and ongoing treatment. Doc Bob originally received a 10% rating years ago for PTSD. The VA later upped him to 30% then 50%, almost without argument. There, he hit a brick wall; even his DAV rep told him there’s no opportunity to improve on the rating, even though Doc Bob is clearly a candidate for 100% disability.

Now Doc Bob is a bright guy, but the VA doesn’t like bright guys. If you display any normalcy to them they will simply shoot down your PTSD claim. It’s unfortunate, but that’s the way it is. Doc has a tendency to sit in front of the VA pysch and engage him in intellectual conversation. The VA must think, “If this guy can talk he must not be sick”. Consequently, Doc Bob is stuck at 50%, even though I suspect Dr. Fairchild’s assessment of the medic will indicate otherwise.

Doc Bob and I would sit on the patio here until the early morning hours talking about our war and his illness. Our record was to 3:30 a.m. one morning. Although the VA essentially threw a 50% PTSD disability rating at him, Doc continues to struggle with denial, even though his wife is abundantly aware of his illness and how it has negatively impacted and continues to impact their lives together as well as his relationships or non-relationships with others. I know about his denial, I had it for over 30 years and it is a common trait amongst our ranks.

Another PTSD related trait I personally experienced and one which may keep Doc Scott from receiving his just, due and earned disability rating and its concurrent benefits of treatment and compensation is his belief “I’m not deserving of anything from the government (VA). I see those kids coming home from the Middle East without arms and legs, they are the deserving ones. I don’t want to take anything away from them.” I understand Bob’s thinking, but he’s entirely wrong. And, this self-imposed hurdle can be difficult to overcome but is essential to overcome when pursuing one’s PTSD or other claim with the VA. Bob has yet to understand the government has passed laws and established benefits and compensation specifically for him and others like him, and he is not taking anything away from anyone. Doc Bob simply believes he... 1) joined the army, 2) went to war and fulfilled his service obligations, and 3) nothing is due him for it.

This heroic and sick medic would repeat this mantra to me many times over the week he was here. One night I asked him about the contract he signed. You know, that contract we all signed at some enlistment office when a sergeant in pressed fatigues gave us the paper and pen to affix our names. We knew we might go to war and we knew we might die or be maimed for life. That was acceptable to us. But, that’s all we knew, and that starched fatigues sergeant didn’t tell us about the other conditions of the contract.

I asked Doc Bob if he were aware of those other conditions of the contract. He said he was not. I then began to cite some of those conditions to him and asked him would he have signed that contract knowing they existed. Just some of those unwritten conditions I rattled off to Doc included:

- You may experience depression for the rest of your life and will need to be on medication just to live somewhat of a normal life.

- Your parents and siblings may be emotionally tortured during your time at war and beyond.

- You may live a life of paranoia, trusting few or no one.

- You may be socially restricted, fearing the outside world and spending most of your time in your bunker at home.

- You may be emotionally dead; it don’t mean nothin’.

- You may experience regular nightmares and dreams which frighten you and your wife, resulting in sleeplessness which can cause other physical and mental maladies.

- You may marry twice, thrice or more times, or remain unmarried, because no one understands you and cannot live with your mood swings, violence or threat of violence.

- You may alienate your sons and daughters, perhaps to never again re-establish mutual love and closeness.

- You may ponder the thought of suicide, as many of those you served with did more than ponder that act.

- You may live with guilt for acts you committed or didn’t commit, the slightest sight or smell activating that guilt at the least opportune times.

- You may lose most or all of your pre-army friends because you’ve changed, you will never again be the person you were before your army/war experience.

- You may religiously lock all your doors, rechecking them, and keeping a weapon or weapons close at all times in case of an attack.

- You may find yourself in fights with strangers, friends and even relatives, and then hate yourself afterwards.

- You may smother your wife and kids with your “protection”, making their lives miserable.

- You may lose your god or other beliefs formerly important to you.

- You may adopt rituals, rituals not normal to others, and they will be part of your daily routine.

- Going to a movie or a restaurant with your bride is a major struggle or something you just don’t do. Too many strangers out there, it’s unsafe out there.

- You may cry way too often, sometimes just sitting alone and thinking.

- If you do socialize at all, it might be at some dungy VFW filled with smoke and belching vets. You feel safe there. Of course, this does not appeal much to your wife.

- You may take risks, physical risks and others, afterwards wondering why the hell you did that.

- You may be a womanizer, a boozer or a drug user, all to hide some deep pain you don’t quite understand.

- You may only be able to hold a job where you work alone because you can’t work with others. Or, you may not be able to work at all.

Every one of these symptoms add up to stress. And stress is the biggest killer of all. PTSD is not being crazy, PTSD is living a life of stress.

I then asked Doc Bob if he would have so readily signed that contract many years ago had they told him about these possible conditions. He honestly replied, he wasn’t sure.

These “conditions” of that contract we all signed were never written, there was no second page to the contract, they were simply little bonuses many of us were given by the army as we excitedly headed off to Basic somewhere. And, many of these gifts are better known at Post Traumatic Stress. Our brains have been taught to act and react differently than what is otherwise considered normal. And what was taught us and what we experienced at war can never be unlearned, it can only be managed.

Doc Bob earned his disability rating, he is sick. His view of nothing is owed me, is unjustified. He is no different than the kid coming home from Iraq with no leg. The only difference is, the kid can see his wound; our wounds are hidden inside and difficult to understand and accept.

Airborne brothers!

Hi Guys:

I've received a number of favorable and understanding emails from other Sky Soldier buddies regarding "The Contract" note I circulated. Thus far, and to a man, our guys have agreed with its message. With their permission I'm sending you these few sample notes from our guys and the wife of a VN vet. I continue to believe it is time PTSD came out of the closet; it is nothing to be ashamed of. It's an illness. There remain too many of us living a life of confusion, desperation and hurt, along with our wives and children, many not knowing they carry this illness with them every day, every hour. By our talking about this devil under the full light of the sun, maybe, just maybe some of our hurting brothers will seek some help for themselves and their families. Let's hope so.

"Really good Smitty! When I finally let the Nam Vets at my work talk me into going to be checked for it (PTSD) and was given 30% I wanted to kill myself right then. I was so mad at myself for letting them talk me into it, I too didn't feel I deserved it. After all didn't our fathers have to deal with the same things we saw and did? After reading the list you asked Doc Bob to read, I know I have PTSD. And it is affecting a relationship I have now after 26yrs living alone. She is a good person and loves me dearly so we will get thru this. Thanks for that list here, it is me and everyone of us that have PTSD."

A Sky Soldier

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From: "Smitty" <rto173d@bellsouth.net>

Subject: Sky Soldier Note on PTSD (A-G)

Guys:

Please see note below from Stan Crump, A/2/503. Thanks Stan.

From: <sccrump@slic.com>

To: <rto173d@bellsouth.net>

Subject: RE: Re: More on "The Contract" (PTSD)

I would be more than happy to think that this message would go to those that it might help. I am a firm believer that we are the best ones to advise and counsel our brothers in need. I hope it might help someone to live again.

Airborne ---STAN----

Roger all you say Stan. You just described me and countless others. Can I blast your note out to the guys? I strongly believe the more and more of us who talk openly about our illness will help erase the stigma associated with PTSD, and motivate guys who need help to seek help for themselves and their families. Great note brother.

From: <sccrump@slic.com>

To: <rto173d@bellsouth.net>

Subject: RE: More on "The Contract" (PTSD) (A-H)

I guess that it is time for me to add my feelings about the Idea of having PTSD. For me The wound was rather late in coming to the forefront or accepted by me as a problem. As I was contacted by some of my old Squad mates in 1995 and went to the Reunion that year and saw some of these guys after 30 years and found out that there was such a thing as PTSD. It was then that I started to consider that all of the things that I did were related to my mind set that started in Viet Nam. When I did get help, the Dr. asked one question that caused me to give a real fast answer that puzzled him. He asked if I ever thought about the war and how many times a Day, Week, Month, Year? My answer was that I have almost constant memories of the War. From the time I wake and shave I have constant reminders that are in the form of Scars or pain resulting from my wounds that are visible. Right up to the time I head for bed and make a perimeter check before hitting the bed. As far as feeling that I don't deserve the comp., well I finally came to the conclusion that possibly I could buy some good times with it and have a bit of peace. Money can't buy love nor can it change history, but now the lives I screwed up can have a little happiness that I can buy for them. It wasn't just me that got screwed up, my wife and kids got a full blast of the war to, and they are walking wounded as much as I.

One thing I did learn though and that is to spread the word about PTSD, we have so many from our era and from our present WARS that need to hear that they are not crazy, they are just people reacting naturally to an action that is so terrible the mind can't come to grips with it. Thanks for spreading the word. Keep up the good work.

Airborne. STAN

Hi Guys:

Larry "Dog" Hampton, sniper extraordinaire with the 1/503d, sent this in.

More good info on PTSD. If you have buddies you think might benefit from this, please send it along to them.

Thanks Dog!

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Deciding to Get Treatment for PTSD - Overview

There are many reasons why you may not want to get treated for post-traumatic stress disorder (PTSD).

You may not trust therapists or psychologists.
You may worry about money. Even if you have insurance, it doesn't always cover mental health care.
You may feel that asking for treatment is a sign of weakness.
You may think you will get better if enough time passes.
You may worry that if people find out it could hurt your career.

But you need to get treatment. Treatment can work, and early treatment may help reduce long-term symptoms.¹

Here are some reasons people don't seek treatment and what you can do about them.

"It's hard to schedule and find time for an appointment." "I can't get there."

Look at your schedule and find when it would be easiest for you to see a doctor. Request this time when you call. You may have to wait a few days, but if that's the only time you can do it, it's worth the wait.
When you call for an appointment, explain your situation. Most doctors will try to find a time that works for both of you.
Ask a friend to help you get there, or check local bus schedules.
If you are a veteran, VA clinics and hospitals may offer after-hours or weekend hours.

"See a shrink? I'm not crazy." "People will think I'm weak." "What will my family and friends think?"

You are looking for help so you will feel better. That isn't crazy or a sign of weakness.
Don't think of counseling as a visit to a doctor. You're going to talk things over with someone who is an expert in PTSD treatment.

"Someone might get into my medical records and see this."

Doctors, counselors, hospitals, and clinics take privacy seriously. They won't share your records with anyone not involved in your treatment. If you have questions about your privacy, ask the doctor about it when calling for an appointment.
If you are in the military, ask about the privacy policy.

"I'm afraid of someone seeing that I'm not in control of myself."

Strong emotion is common, even years after the event that causes PTSD. You still may get angry easily or feel like crying. It's not your fault that you feel the way you do. Strong emotions are a symptom of PTSD. Treatment can help you cope.

"I've tried to talk to people. They just don't get it and don't care."

It may be hard for other people to understand or relate to your experiences. But other people who experienced the same type of events can understand. Consider finding a group of people who have experiences similar to yours.

"It happened a long time ago. How can anything help me?"

You can't change the past, but you can learn to see your past in a different way. This can help with symptoms.

"I can't afford it."

Many towns and cities have resources that may be able to help you. Call your local social services department or welfare office to find out.
If you have insurance, check your policy. Mental health benefits often are covered through a separate company.
Check to see if your state has a mental health parity law. Your employer may be required to provide mental health insurance.
Look into the Family and Medical Leave Act (FMLA). You may be able to use it to take time off for doctor visits.
Ask your doctor for help. He or she may be able to find free or low-cost medicine or counseling.
Check Medicaid if you have a low income, or Medicare if you are 65 or older. These programs may be able to help you.
If you are a veteran, Vet Centers throughout the country offer treatment for combat trauma and PTSD.

"It might hurt my career."

You may think that it will hurt your career if people at your workplace know you have PTSD. But PTSD may make it hard for you to perform your job well. Treatment can help you perform better.

"Mental health care doesn't work." "I've had counseling before and don't like it."

Learn about treatment for PTSD and find a counselor that has experience with trauma and PTSD. You'll find that counselors with experience will understand the bad experiences you may have had.
Mental health care, including treatment for PTSD, does work.¹

"I went to Iraq, but never saw combat. How could I have PTSD?"

Even if you didn't see combat, you may have seen a traumatic event. For example, going through a mortar attack, seeing an improvised explosive device (IED) go off in a crowded street, seeing badly injured people in a hospital, or just being scared because you were in Iraq all could result in PTSD.

"It's normal to think about my combat experience until I get used to life in the U.S. again."

It is normal to think about your experience for a while after the event. But if you're still thinking about it several months after the event, or if it's disturbing your life, you may want to seek help.

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