Posted on Jul 31, 2020
MSgt B Grimes
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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.
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Responses: 460
LTC Alea Morningstar
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Edited 4 mo ago
oops
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LTC Alea Morningstar
LTC Alea Morningstar
4 mo
found the deleted one...sorry for the duplications
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SP5 Mikkel Wagner
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I’d simply say; “Stay in your lane”. You’re way out of line to question the professionals and to do so on a public forum, because clearly you are questioning the professionals. Unless you have earned the licensure to legally assess a persons mental fitness by completing hundreds of hours of education, lab work, and other licensure requirements you’ve no right to speculate openly. In fact you could be civilly held responsible for creating a situation wherein you’re discrediting this individual. I know of many people who are collecting all sorts of disability from social security to workman’s comp to VA benefits and on the outside it looks questionable……. But you do not know what they know. A person cannot simply SAY they have this or that and get taken at face value, there is so much research and oversight, investigations and practical and theoretical knowledge at play in these decisions it’s hard to pull off a scam. Not that it doesn’t happen but it’s hard. Further anyone will support this statement, getting anything from the VA is hard, so if the guys been rated it’s probably for reasons you don’t know and you’re speculating it’s PTSD. Maybe he was sexually assaulted and only professionals know this….. maybe he tripped and hurt his little finger but to him that was to much…… you just don’t know what you don’t know and speculating makes you sound super shady.
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PV2 Regina Renee Smith
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It is because of these that it is so hard for those of us that were raped in service to get our PTSD rating. I have been fighting with them forever and have gone to so many of their hearings and still at 90% waiting to get my last results. I still have flashbacks and wake up in the middle of the night reliving these awful times. When I first married my husband, he came to bed and did not wake me up before he came and touched me. I blacked his eye. I got out way back in 1975. My lawyers have been very good fighting for it but I am not sure why it is taking so long. I have been following my doctor's orders and his regimens with their medications and medical appointments. All of my doctors feel that I should have received the 100% years ago. Anyone with any ideas as to what to do next? I am open to suggestions.
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CPL ElizaBeth Bell
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If he doesn't follow the medication and therapy schedule through the VA he will lose his disability rating. It's people like this that make it hard for the rest of us to get what we need and deserve.
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PO2 Luis Rodriguez
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Everybody somehow became a trained professional that can tell who’s lying about PTSD or not after getting out… you can claim PTSD all day long. It takes 2-3 doctors to diagnose PTSD. Mind your own business and enjoy your checks
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PO2 Mark Fraktman
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Sounds like a possibie fraud to me. simmilar to stolen valor.
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MSG Gary Johnson
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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.
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PFC John Derek Ginsberg
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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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SSG PATRIOT Launching Station Enhanced Operator/Maintainer
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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
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SGT Christopher Sigafoos
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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.
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