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What are your thoughts given some basic info? Fraud, Criminal Intent, PTSD & psychology.
An Army infantry soldier completes a first term 4 year enlistment, excited following 9/11. Possibly serves only one overseas tour, and never fires his weapon in combat. Gets out of Army following enlistment and joins Army Guard. Within first year of guard duty (upon orders for overseas tour) claims PTSD threatens to kill his comrades. Is released from duty.
Member has tried for 12 years to get benefits, and finally receives 100% disability. Claims to his family that his PTSD disease is cured. Does not follow psychologists prescriptions, as they are not really needed.
Was member fit for duty when enlisting in the Army Guard? Or did this member fraudulently join having pre-existing condition?
Can this member have concealed carry and go hunting, when he claims PTSD for gunfire?
would you consider this member to be defrauding the government and taxpayer?
Soldier has lied to family members claiming to be heroic sniper, only to reveal as lies later, having never fired his weapon in actual combat. Possibly used similar lies to VA psychologist.
How would you approach situation? VA does not seem to care, and does not offer path for investigation.
An Army infantry soldier completes a first term 4 year enlistment, excited following 9/11. Possibly serves only one overseas tour, and never fires his weapon in combat. Gets out of Army following enlistment and joins Army Guard. Within first year of guard duty (upon orders for overseas tour) claims PTSD threatens to kill his comrades. Is released from duty.
Member has tried for 12 years to get benefits, and finally receives 100% disability. Claims to his family that his PTSD disease is cured. Does not follow psychologists prescriptions, as they are not really needed.
Was member fit for duty when enlisting in the Army Guard? Or did this member fraudulently join having pre-existing condition?
Can this member have concealed carry and go hunting, when he claims PTSD for gunfire?
would you consider this member to be defrauding the government and taxpayer?
Soldier has lied to family members claiming to be heroic sniper, only to reveal as lies later, having never fired his weapon in actual combat. Possibly used similar lies to VA psychologist.
How would you approach situation? VA does not seem to care, and does not offer path for investigation.
Posted >1 y ago
Responses: 465
If the soldier was in a combat zone, he may or may not have PTSD. It doesn't matter if he fired his weapon or not. The key to these issues hing upon a diagnosis for PTSD. If he didn't have a diagnosis upon his NG enlistment, then it was not a fraudulent enlistment. Most soldiers do not understand they may have PTSD. Their family members may notice that their soldier has "changed" but may not understand what or why.
A member with PTSD, or any other mental issue can have a CCW permit until, they "threaten to harm themselves or others". At that point, court action is needed to temporally remove the veterans rights to possess a firearm. 2nd Amendment rights can be restored later, after a mental health practitioner certifies the vet is no longer a threat.
The VA will not get & shouldn't get involved in legal issues unless the vet demonstrates a threat in their presence and they can demonstrate first hand knowledge.
As far as lying to the VA, the examiner and the claims adjudicator know if the vet has lied about the nature of the military service. They have the SMRs to verify service.
Don't assume the VA doesn't care. Read 38 CFR and understand the scope & limits of what the VA can & can not do.
I would approach the situation by doing what I can to get help for the veterans problems. If in the process, the VA grants a disability, it will be based on the evidence on hand and not speculation.
The mission is helping the vet, not getting a disability award.
A member with PTSD, or any other mental issue can have a CCW permit until, they "threaten to harm themselves or others". At that point, court action is needed to temporally remove the veterans rights to possess a firearm. 2nd Amendment rights can be restored later, after a mental health practitioner certifies the vet is no longer a threat.
The VA will not get & shouldn't get involved in legal issues unless the vet demonstrates a threat in their presence and they can demonstrate first hand knowledge.
As far as lying to the VA, the examiner and the claims adjudicator know if the vet has lied about the nature of the military service. They have the SMRs to verify service.
Don't assume the VA doesn't care. Read 38 CFR and understand the scope & limits of what the VA can & can not do.
I would approach the situation by doing what I can to get help for the veterans problems. If in the process, the VA grants a disability, it will be based on the evidence on hand and not speculation.
The mission is helping the vet, not getting a disability award.
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Hard to tell. VA Office of Inspector General is the primary to investigate this. However somebody would have to inform them of the individuals behavior. I personally would not bother to report anything like this because I would prefer not to stick my nose in because I am not personally affected
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When it comes to claims for PTSD the VA absolutely verify the event that cause PTSD especially for combat. There must be an event in service, location, awards, etc, witness statements, a through and extensive session with a psychologist. It’s very hard to “fake” PTSD with the VA. As other have stated they have access to your military personnel records and treatment record. Also the VA does not ONLY acknowledge PTSD Incurred from combat. & the VA absolutely investigates, reduce, severed ratings and claims ALL the time. People have been charged with fraud. But all in all you don’t know what his VA records entail. You don’t know what he’s service connected and rated for. This post is ignorant and the answers to your questions and concerns are easily searchable. Leave disabled veteran alone, just because they don’t look like the stereotype you’ve created in your head does not mean they’re not credible or disabled.
- combat veteran / va rater
- combat veteran / va rater
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This scenario appears to have arisen due to a massive, albeit common, misunderstanding regarding psychology. For example, you question a Member going hunting while claiming PTSD due to gunfire. In this example there's two sides to gunfire: The gunfire you control and the gunfire someone else controls. In the first, the person feels safe because they know the round is moving in a direction they intend. In the second, they don't know where that round is going. Two completely different scenarios.
Another thing you bring up is the Member's failure to follow psychologists' prescriptions saying "they are not really needed." Even if the Member states they do not believe in the need, the psychologists would not make said prescriptions if they did not find evidence that they were, in fact, needed.
Next, let's assume that the Member did have pre-existing conditions. They're psychological in nature. In the civilian world, I have noticed, it is very easy to exist without ever being diagnosed and, therefore, never know they existed. Is it fraud if the Member was never even aware of the conditions to begin with? It's been a few decades since I was last at MEPS, but i recall the phrase "To the best of your knowledge" being a major factor in the questions. So for that particular accusation, you would need very thorough, hard evidence that he knew before hand.
You said the Member tried for 12 years before he received benefits. I guarantee you those 12 years, the Member may have been searching for even one thing they VA couldn't deny, but the VA was also verifying and analyzing every little word, action, and account to make sure there was authenticity to the claim. The VA has the resources find any divergence in the story to deny a claim. The fact that they approved it means they found at least one item in the Member's list of "Here's why I need help" that merits their finding.
And finally, EVERY individual reacts differently to trauma. Some trivialize it. Some lie about it. Some even lie about it in order to try to trivialize it. Some actually do acknowledge the trauma and work to repair the damage. Whatever reaction the Member may have to the trauma, they still deserve the help they need to properly process and move past it. Unless the VA is asking for your judgement on their findings and decision, your opinion on it doesn't have any bearing on the case. The Member may never take the advice his Doctor(s) give them, or they may actually become engaged in their recovery and actually recover. That, however, is between the Member and their psychology team and not within your purview.
Another thing you bring up is the Member's failure to follow psychologists' prescriptions saying "they are not really needed." Even if the Member states they do not believe in the need, the psychologists would not make said prescriptions if they did not find evidence that they were, in fact, needed.
Next, let's assume that the Member did have pre-existing conditions. They're psychological in nature. In the civilian world, I have noticed, it is very easy to exist without ever being diagnosed and, therefore, never know they existed. Is it fraud if the Member was never even aware of the conditions to begin with? It's been a few decades since I was last at MEPS, but i recall the phrase "To the best of your knowledge" being a major factor in the questions. So for that particular accusation, you would need very thorough, hard evidence that he knew before hand.
You said the Member tried for 12 years before he received benefits. I guarantee you those 12 years, the Member may have been searching for even one thing they VA couldn't deny, but the VA was also verifying and analyzing every little word, action, and account to make sure there was authenticity to the claim. The VA has the resources find any divergence in the story to deny a claim. The fact that they approved it means they found at least one item in the Member's list of "Here's why I need help" that merits their finding.
And finally, EVERY individual reacts differently to trauma. Some trivialize it. Some lie about it. Some even lie about it in order to try to trivialize it. Some actually do acknowledge the trauma and work to repair the damage. Whatever reaction the Member may have to the trauma, they still deserve the help they need to properly process and move past it. Unless the VA is asking for your judgement on their findings and decision, your opinion on it doesn't have any bearing on the case. The Member may never take the advice his Doctor(s) give them, or they may actually become engaged in their recovery and actually recover. That, however, is between the Member and their psychology team and not within your purview.
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I’m sorry, not to be rude but that’s honestly none of your business. Doctor’s recommend medication but you don’t have to take it. Also, you can’t claim PTSD. You get tested for it and usually you take the test twice and there are formulas built into to notice if you’re faking. He doesn’t have to explain to you how he feels or what he’s going through because you’re not behavioral health or a doctor. Leave that man alone. If you feel like you have PTSD you can go to behavioral health and get diagnosed like he did, but you’re stepping out of your bounds.
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Well ,if he never saw combat or fired a weapon may not in itself prove full disability. If he lied to his family, or maybe his doctors, this is a different story.Has it been proven to the Va that he lied to family members or doctors ? In my opinion, even though he never fired his weapon, I believe the fact he was in the war zone as opposed to the the demilitarized zone ,may be enough to receive a hundred percent .I know of a person, who received a retroactive payment for 275,000 dollars, about eight years ago.The dude has a beautiful wife, in another state, but may be considered a dog ,when he visits relatives here, in Buffalo ,Ny.Now, I receive full disability for schizophrenia. Most of my friends are disabled vets. I'm not a doctor but, my friend who received over two hundred grand eight years ago isn't crazy.But ,what's the true definition of crazy.Famous TV shrink Doctor Phil ,considers the word crazy ,to be derogative..Just because a person takes psychotropic drugs ,and has behavioral issues, does this prove them to be crazy? Does anyone on Earth, have the right to say ,whether or not, a veteran deserves all that cash?I mean ,the fact that he or she receives government payments in the first place , is that within itself, a legal explanation as to the question Why ?
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First off, the Veteran served 4 years in the military and obviously, during his entrance examinations, there was no mental health diagnosis noted....meaning he is found fit for duty. If the military did not note or find a pre-existing condition upon enlistment, then it is assumed he is sound. Therefore, pre-existing is out the window. Secondly, just because he went 4 years in the military without a diagnosis doesn't mean something didn't happen. He did serve in an overseas tour in which the VA concedes exposures for PTSD. The fact of whether or not he fired his weapon is not relevant. Thirdly, you can carry a weapon and purchase guns with a diagnosis of PTSD as long as you are not 100% s/c for the diagnosis of PTSD ONLY. Lastly, there is more to obtaining a s/c for PTSD than the service member "lying" during his examination. There are steps that the VBA goes thru to verify stressors that occurred during service. The fact that this Veteran is going around telling his family and others what ever he wants to tell them is his business. Just because you don't like what the Veteran says or does is not the determining factor as to whether this Veteran has a problem or not. I understand your thoughts/concerns. But the fact that this Veteran is all over the place with his thoughts or actions is generally a clear indicator that something is going on. I really wish people would be as concerned with helping each other as they are about what their s/c percentage is.
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The basic symptoms of PTSD are on the internet. They go much deeper than that. I had no idea why I was on high alert all the time when I wasn't in combat, only exposed to conditions in basic and in training exercises. I had multiple diagnosis in my VA chart and put on antipsyhcotics for 15 years. At 60, I went to a neurologist that proved to me I had nothing but PTSD. It's not a disorder, it's a syndrome. I saw a neuropsychiatrist, took 5 hours of testing and proved it was only Traumatic Syndrome. Period. People can become mentally ill if untreated early on or just told your mentally ill, then drugged. Everyone with a claim of PTSD can be tested like I was.
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