On Monday, July 12, 2010, Secretary of Veterans Affairs Eric K. Shinseki announced significant changes impacting Veterans’ disability law. The new regulations, published in the final form in the Federal Register on Tuesday, July 13, provide new guidelines for Post Traumatic Stress Disorder (PTSD) diagnosis, making it easier for U.S. Veterans affected by this condition to qualify for disability benefits.
What is PTSD?
PTSD is defined by the American Psychiatric Society as an anxiety disorder that affects people who have lived through life-threatening or traumatic events. This condition, which is characterized by symptoms such as irritability, anxiety, flashbacks and emotional numbness, often affects war Veterans, developing as a result of combat or military exposure. According to the U.S. Department of Veterans Affairs (VA), “more than 400,000 Veterans currently receiving compensation benefits are service connected for PTSD.”
Former PTSD Disability Benefits Regulations
The previous VA regulation required Veterans to document events that triggered the Post Traumatic Stress Disorder, such as bomb blasts, mortar attacks or IED incidents, making the claim process lengthy and often unsuccessful. In many instances, finding records to document the traumatic events responsible for the PTSD proved expensive, time consuming or simply unfeasible. Moreover, the law discriminated against members of the military who did not serve in combat. Female Veterans were often excluded from collecting PTSD disability benefits, as were Veterans who served in non-combat positions, such as army cooks and drivers.
New PTSD Disability Benefits Regulations
Under the new regulation published in the Federal Register this week, the VA will grant disability benefits to all Veterans who can prove they served in a war zone, performing a job consistent with the traumatic events that allegedly triggered the PTSD. Veterans are no longer required to corroborate traumatic events related to hostile military activity, such as coming under fire or watching a friend die. Under the new law, the VA will approve a Veteran’s disability claim if a VA psychiatrist is able to confirm that the symptoms exhibited by the Veteran in connection with stressful experiences support a diagnosis of PTSD.
The diagnosis-based regulation is expected to simplify the claim process and allow for faster and more accurate decisions in PTSD-related disability cases. “This final regulation goes a long way to ensure that Veterans receive the benefits and services they need,” declared Secretary of Veterans Affairs Eric K. Shinseki on Monday, stressing the importance of extending professional help to the men and women who have honorably served the United States.
According to the U.S. Department of Veterans Affairs, the new regulations on PTSD claims will apply to claims received by the VA on or after July 13, 2010, as well as to claims received or appealed before this date, which have not yet been resolved by the Board or by VA regional offices. Moreover, the rule applies to Veterans who served in any U.S. war.
Limitations of the New Veterans’ Disability Law
While most Veterans’ associations welcome the new Veterans’ Disability law, some advocates have expressed concerns about VA psychiatrists and psychologists passing the final verdict in PTSD disability cases. The U.S. Department of Veterans Affairs stressed the importance of enforcing consistent standards and avoiding fraudulent claims that may proliferate in the light of the new regulations. Nevertheless, Veterans’ advocates such as Rick Weidman, executive director for policy and government affairs at Vietnam Veterans of America, asserted that allowing private physicians to determine PTSD diagnoses in Veterans’ disability cases would make the process more fair and balanced, preventing arbitrary decisions. “I know guys who are rated 100 percent disabled who keep coming back for treatment not because they are worried about losing their compensation, but because they want their life back,” Rick Weidman said in a statement to The New York Times on July 7, 2010.
Veterans’ Disability Benefits
Disability benefits collected by U.S. Veterans include free physical and psychiatric health care, as well as monthly checks of up to two thousand dollars, depending on the type of disability affecting the Veteran.
The new regulations on PTSD claims come at a time when associations such as Vietnam Veterans of America are fighting to obtain significant budget increases for health care for Veterans who served in all wars, and to raise awareness about the Veterans’ need for mental health treatment and support. Although the new VA law has generated some criticism because of its cost, estimated to amount to more than forty billion dollars over the next decade, Veterans’ advocates consider it a first significant step in recognizing and treating the deep wounds that contemporary wars have inflicted on American servicemen and women.
References:
United States Department of Veterans Affairs
James Dao. The New York Times. "V.A. Is Easing Rules to Cover Stress Disorder." July 7, 2010.
Iulia Filip - Born and raised in Romania, Iulia Filip currently resides in South Carolina, USA. She has graduated from the MFA Program in Creative ...
Join the Conversation