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Picture of Schwanke
Posted
I tried to move the discussion at Dave's suggestion over here from the Agent Orange forum. Here is a copy and paste from the last portion of that thread, I DID email you Dave from your website email link:
quote:
"Originally posted by Schwanke:

quote:
Man shoots you, you return fire, combat last time I checked.


WRONG! (Loud irritating buzzer sounds). My so-called VSO and I thought the same thing when he "helped" me put in for PTSD, but the VA quickly straighened my arse out on THAT misconception!


Please go to the PTSD forum and we can and will discuss this issue. Please e-mail me from my website e-mail link as that is direct into my office. http://forums.military.com/eve/forums/a/frm/f/4230026980001
In regards to "[M]y so-called VSO and I thought the same thing when he "helped" me put in for PTSD, but the VA quickly straighened my arse out on THAT misconception!"
Being a VSO is not excactly an easy job. It is certainly not an exact science. The most difficult of claims are the PTSD and Agent Orange claims. PTSD claims require a verification of the stressor, that is a regulation that must be complied with. The diagnosis must be linked to the stressor in service, not another event. I see many times where the veteran in therapy talks about the childhood abuse, most often when that is on record, it is bye bye claim. The VSO can only do with what is available. VSO's usually are well trained on putting claims together, based on the information available. The information must be supplied by the veteran. Over the past 30 years it has been my good fortune, to develop enough information from the veteran, to track down the missing buddies and the lost records.
In regard to AO claims. The VA goes by a set acceptable list of conditions recognized by the National Academy of Sciences. These when accepted by the VA Attorney's are considered 'presumptive' conditions. All other conditions are on a case by case basis, which normally will be denied based on the regulation the rating specialist can only grant on those conditions recognized by the Secretary of the VA. If there is enough medical evidence from the physician to links a condition, not on the list to the veterans claimed condition, it may be granted by the BVA, or the higher court, such as the Haas decision (which Secretary Nicholson has appealed).
Then there is the exposure issue. Being in Vietnam during the recognized dates of use, or at the Korean DMZ 1968-69 are the only presumptive exposures. We have listed on the Agent Orange Discussion Boards many of the other areas where AO was used. These however are NOT automatically accpeted by the rating specialist, as they must follow the rules established by VA Central Office. Also the places which AO was used are on my website. If someone goes on my website they must be willing to click on flag bars, buttons and the sailors prayer to get all the information contained therein. I cannot afford to purchase a website, so I use GeoCities and my webmistress is Maria Hall, a sister of an old friend and VA Vet Center therapist.
Being a VSO is not easy. VSO's get little credit when the veteran wins a case and all the blame when the case is lost. Recently a veteran who is 50% service connected was denied his request for increase. The denial was based on the C&P exam and what he told the examiner. The veterans wife called me and let me know, I had lost his case and they needed the extra money. She called me about everything you can think of except a human being. That included the comment "you so-called representative!"
It is not always a piece of cake as a VSO."

This post really got my attention, especially the "definition" of combat. My VSO used exactly the same words in telling me that as a "combat" veteran, my lay testimony alone would suffice for proof of stressors. He even used some of the same words, "you received hostile fire pay, was awarded a Bronze Star Medal, served in country for a year, you were in combat! Even the dictionary defines combat well, only the VA claims office makes their own definition to limit awards.
It seems like I am continually bashing VSO's in general, when in fact I am only bashing one. I agree that being a VSO is far from an "easy" job, but somewhere if one don't know the basics about a claim, he should so state instead of giving out false information. My purpose is NOT to suggest a VSO is a bad choice to make and use, but that unless one is somewhat smart about the issues, you can get yourself in trouble. I have "wasted" two years on my claim from this misinformation, I sure wish I had known of this forum way back then.
I think Dave was suggesting by his example that I was not forthcoming or honest about my "combat" experiences, which was simply not the case, in fact I somehow just didn't think it was as easy as the VSO suggested, and told him so, in response he simply told me "his" definition of combat.
There is a "Moran vs Principi" decision that even effects the VA definition, seems to state that the rating officer MAY take the veterans statements as proof, if he doesn't have the CIB and an infantry job specialty.
Back to the start of my involvement in this thread, does anyone know of a breakdown of the 59,000 deaths (or wounded)by job titles?
 
Posts: 2112 | Registered: Thu 28 August 2003Edit or Delete Message
"Has Been 5"

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Since this topic has the same name as the one on the AO Board here is the original lead post:
Notes from Dave Barker, AMVETS State Service Officer Department of Ohio July 20, 2007

VIETNAM WAR FACTS:
-- 9,087,000 military personnel served on active duty during the official Vietnam era from 5 AUG 64 to 7 MAY 75. Vietnam is the only war with 2 separate start dates for veterans. December 22, 1961 is the other.
-- 2,709,918 Americans served in uniform in Vietnam which represented 9.7% of their generation.
-- 240 men were awarded the Medal of Honor during the Vietnam War
--58,148 were killed in Vietnam. The first man to die was James Davis, December 22, 1961. He was with the 509th Radio Research Station. Davis Station in Saigon was named for him.
-- 75,000 were severely disabled of which 23,214 100% were disabled
-- 5,283 lost limbs & 1,081 sustained multiple amputations
-- Average age of men killed: 23.1 years. Of those killed, 61% were younger than 21, 11,465 of those were younger than 20 years old, and 17,539 were married
-- Five men killed in Vietnam were only 16 years old. The oldest man killed was 62 years old.
-- As of 15 JAN 04, there are 1,875 Americans still unaccounted for from the Vietnam War
-- 97% of Vietnam Veterans were honorably discharged
-- 91% of Vietnam Veterans say they are glad they served
-- 74% say they would serve again, even knowing the outcome
-- Vietnam veterans have a lower unemployment rate than the same non-vet age groups.
-- Vietnam veterans’ personal income exceeds that of our non-veteran age group by more than 18%.
-- 87% of Americans hold Vietnam Veterans in high esteem.
-- There is no difference in drug usage between Vietnam Veterans and non-Vietnam Veterans of the same age group (Source: Veterans Administration Study)
-- Vietnam Veterans are less likely to be in prison. Only one-half of one percent of Vietnam Veterans have been jailed for crimes.
-- 85% of Vietnam Veterans made successful transitions to civilian life.

________________________________________________

Just to let you know, our generation is pretty doggone group of people. To top it off we are gracefully aging!


I will cast no stones!

Dave Barker
 
Posts: 13098 | Registered: Tue 12 November 2002Edit or Delete Message
"Has Been 5"

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quote:
I think Dave was suggesting by his example that I was not forthcoming or honest about my "combat" experiences, which was simply not the case, in fact I somehow just didn't think it was as easy as the VSO suggested, and told him so, in response he simply told me "his" definition of combat.


I did not, nor do I now doubt your combat experience. In my opinion, when one group of people try to kill another group of people, that is combat.
I have high regard and total respect for you.
It is just a fact that combat is not required for a PTSD stressor.

My post was (with comments):

Please go to the PTSD forum and we can and will discuss this issue. That was for two reasons, first not to discuss personal PTSD issues on a topic linked to P/CP or general discussion boards and second was a link direct to my office. [P]lease e-mail me from my website e-mail link as that is direct into my office. (This was so you would have a direct link to my e-mail address). http://forums.military.com/eve/forums/a/frm/f/4230026980001
In regards to "[M]y so-called VSO and I thought the same thing when he "helped" me put in for PTSD, but the VA quickly straighened my arse out on THAT misconception!" That is a phrase that did bother me, as most of us do our best to obtain information from clients.
Being a VSO is not excactly an easy job. It is certainly not an exact science. The most difficult of claims are the PTSD and Agent Orange claims. PTSD claims require a verification of the stressor, that is a regulation that must be complied with. The diagnosis must be linked to the stressor in service, not another event. I see many times where the veteran in therapy talks about the childhood abuse, most often when that is on record, it is bye bye claim. The VSO can only do with what is available. VSO's usually are well trained on putting claims together, based on the information available. The information must be supplied by the veteran. Over the past 30 years it has been my good fortune, to develop enough information from the veteran, to track down the missing buddies and the lost records. That statement is why when I see a veteran and gather information, we both understand it is teamwork. I do not expect my clients to have all required information, or know where to obtain the required information. With 30 years experience it usually helps for me to search, as well as the cleint.
Very few times have I doubted a client after I reviewed their military or naval records. VA rating specialists rate claims on the information submitted to them, based on regulations developed in the Central Office by VA Attorney's. That is one of the reasons some claims must go all of the way to the courts to obtain a favorable decision.

Important note: In your case I have never doubted you one bit. Still don't, still wish to assist as much as I can assist.


I will cast no stones!

Dave Barker
 
Posts: 13098 | Registered: Tue 12 November 2002Edit or Delete Message
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