Military Update: PTSD
review is leaving many veterans stressed
By Tom Philpott, Special to
Stars and Stripes
Pacific edition, Thursday, August 25,
2005
Ronald Nesler of Las Cruces, N.M., a Vietnam veteran
rated 100 percent disabled with post-traumatic stress
disorder, learned this month that his case, as decided in
1997 by the Department of Veterans Affairs, lacked documents
to support the finding of service-connected PTSD.
The VA regional office in Albuquerque advised Nesler in
an Aug. 11 letter that he has 60 days to provide evidence he
was exposed to the stressful wartime incidents described in
his claim papers years ago.
“Otherwise, benefits, if confirmed entitlement is not
established, may result in a change in your disability
claims compensation,” the VA letter warned. The sentence was
set off by bold-face and underlined type.
Nelser’s “permanent and total” disability award is
suddenly at risk because of a VA inspector general review of
2,100 randomly-selected PTSD cases with 100 percent
disability awards. The IG found that 25 percent, or 527 of
them, lacked documents to verify veteran-reported evidence.
The IG review of PTSD cases was released in May, as part
of a 200-page report on variances in VA disability
compensation across the nation. Many more than 527 PTSD
cases are at risk, however. The VA has announced it will
review documents of 72,000 PTSD cases, those awarded 100
percent disability ratings from Oct. 1, 1999, through Sept.
30, 2004.
Over those five years, the number of veterans awarded
compensation for PTSD jumped by 80 percent, from 120,000
cases in fiscal 1999 to 216,000. The planned review of the
72,000 cases likely won’t begin until January, said VA
spokesman Scott Hogenson.
“Everybody talks about how PTSD is a very subjective
diagnosis. This is not about diagnosis,” said Hogenson.
“This is about collecting the empirical paperwork that says,
‘Yes, this individual was in this set of circumstances
during this time in which these things happened, which may
have led to posttraumatic stress.’”
Legitimate stressors in a veteran’s service jacket might
be descriptions and dates of combat engagements or “de
facto” stress indicators such as a Combat Infantry Badge or
Purple Heart. The aim is to verify exposure to conditions
that might leave a veteran with PTSD. The IG study suggested
that claim examiners have been lax in demanding documents.
From 1999 to 2004, the IG said, PTSD payments jumped by
149 percent, from a $1.7 billion total a year to $4.3
billion. To show the potential cost of not seeking evidence
of stressors in PTSD cases, the IG said a 25 percent error
rate would have caused “questionable payments” of $860
million for VA in 2004 and $19.8 billion over those
veterans’ lifetimes.
Nesler, who has a wife and handicapped step-daughter,
receives PTSD compensation of a little more than $2,500 a
month. He said VA officials have assured him that a decision
to lower his PTSD rating would reflect a VA mistake. It
should not raise suspicion of fraud. They also have assured
him, though not in writing, that his VA compensation won’t
fall. They do so, most likely, because Nesler has a 100
percent rating for prostate cancer. The VA presumes this
cancer, if suffered by Vietnam veterans, presumably is from
exposure to Agent Orange, a defoliant used widely during
that war.
Nesler said his disability for cancer is not “permanent
and total” like his PTSD award. He knows of many veterans
treated for cancer who have seen their rating, and thus
their pay, drop sharply following treatment.
A 1967 draftee, Nesler reached Vietnam in 1970. He served
for 13 of his 14 months as a meteorological observer for B
Battery, 6th Battalion, 32nd Artillery, part of the 1st
Field Forces Vietnam.
The whole war experience was stressful, Nesler said,
though his unit came under fire only seven or eight days
while he was there. His most disturbing memories, he said,
are of atrocities committed by soldiers. Nesler said he saw
an American soldier detonate a directional mine toward a
small bus, filled with Vietnamese women and children, near
the town of Ninh Hua.
The incident, he said, was covered up but the screams and
faces haunt him still. Nesler said he also feels guilt for
not having filed an official incident report.
Nesler, a staff sergeant, was discharged in 1975 after
eight years. He wasn’t feeling well and, as the years
passed, he grew more anxious, had nightmares, insomnia and
difficulty concentrating, all of which the VA later would
tie to the war. In 1997, before VA approved his PTSD claim,
Nesler gave to VA the names of a senior officer, two warrant
officers and several senior enlisted soldiers who likely
could verify the bus incident.
“I thought that was my proof,” he said. A VA official
told him only recently that the names were never contacted.
Still, the VA ruled in 1997, based on “unrefuted evidence,”
that Nesler had served in a combat zone, had witnessed “a
bus being bombed” and had a well-founded diagnosis of PTSD.
It found “total occupational and social impairment” from a
variety of symptoms.
Yet, Nesler said, he was in far better shape then than he
is today.
“I have emphysema. I have cancer. I have a torn ligament
in my shoulder. I have severe arthritis. I have PTSD … And I
get this [letter] dropped in my lap. Right now my life is on
hold till I find out what’s going to happen.”
If the VA experience with 2,100 PTSD cases is repeated in
a review of 72,000 next year, one quarter of these vets,
about 18,000, might feel their own stress levels rise as VA
presses them to better document their claims.
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