Vet Imprisoned for Seeking Benefits

dear Michael,

i am writing from Australia because i just read your article "Vet Imprisoned for Seeking Benefits" and wish to say that we have just had a flood of articles in our media where australian veterans have been alledgedly accused of fraudulent claims.

I chanced across your article and am wondering whether we are heading the same way. Was there any indication in earlier media articles that suggested PTSD veterans had put in false claims? and then this Airman is an example of such a precedent.

Over here, almost word for word, our young veterans medical records go missing or kep clinical diagnostic material fails to surface so they have to head off to obtain a psych assessment to fill in the gaps. I have always warned our ill soldiers about re-creating the medical records that get lost or go missing. Its quite an interesting article you wrote and i would be keen to hear how his case develops.

kind regards,

maryann martinek
major (retired)
Australia


http://www.abc.net.au/news/newsitems/200705/s1910728.htm?

Lawyers coaching veterans on compo payouts: ADA
Last Update: Tuesday, May 1, 2007. 9:09am (AEST)

The Australian Defence Association (ADA) has accused lawyers of coaching veterans on how to seek compensation payouts after reports 1,200 soldiers who served in East Timor have filed stress claims.

Almost one in 10 veterans of Australian peace keeping operations in East Timor have reportedly filed civil claims for post traumatic stress disorder (PTSD).

The Association's Neil James says it is illogical.

"The issue really is that the number of claims of PTSD's from East Timor is out of proportion to what you'd expect from that type of operation compared to more stressful operations like Iraq and Afghanistan," he said.

"One of the things that is a concern is that there are people out there who are prepared to coach ex-diggers in how to make bogus claims and it's a cause for concern if that's occurring."


-and-

Hardest fight for veterans

Ian McPhedran

May 03, 2007 12:00am
Article from: ?

http://www.news.com.au/heraldsun/story/0,21985,21661203-5000117,00.html


VETERANS' Affairs has traditionally been a portfolio given to either a bright up and coming politician or used as a reward for loyal service.

Current minister Bruce Billson falls into the first category and like his predecessors faces a hugely challenging issue: managing the mental health of damaged military veterans.

How can a politician console a family whose son or daughter has taken their own life because of severe mental illness?

Whether it is triggered by the stresses of military life, genetic or other factors, the result is broken lives.

This week it was revealed that an Afghanistan veteran, Geff Gregg from Ballarat, had taken his life.

There could be up to five veterans from recent conflicts who have committed suicide.

Lobby group the Australian Defence Association has virtually accused East Timor vets of making up claims for post-traumatic stress disorder.

Mental health is a complex and fraught area and Bruce Billson has been more serious than most about tackling it.

Mr Billson has harmonised many claims that veterans make so red tape is minimised.

He has also established an inter-departmental working party to streamline the benefits trail across portfolios such as Defence and Centrelink.

He is also working to raise community awareness of the $4.5 billion that DVA spends every year on health care and the $130 million of that devoted to mental health.

"Some days I shed tears about these people," he said.

To have the ADA bagging veterans is counter-productive, even dangerous.

ADA chief Neil James is on the record saying more than 1200 compensation claims had been lodged by Timor veterans. He apparently believes this is a legal conspiracy.

The fact is there have been 700 PTSD claims by East Timor vets from 16,000 deployments and 81 per cent have been approved by the DVA.

We also know that 50,000 veterans from all conflicts require mental health care.

What we don't know is how many more are out there and with people making ill-informed comments, they will not be encouraged to come forward.

Defence filters out those with mental problems at recruitment, with numbers of serving personnel with such problems well below the national average.

The problem is the sub-standard rehabilitation and transition programs for those who leave.

"Their (defence) rehabilitation program for everything is a shambles," a senior government source said. "As soon as they are injured, kick them out and get another one.

"Damage and replace has been the mantra, but now they can't be replaced."

The Government is spending millions under the national mental health initiative to encourage veterans to seek help.

The two-pronged approach involves a "keep in touch" initiative so veterans are invited in for a chat every 6-12 months.

The second prong is GP education so that doctors know that if a veteran comes into their surgery to look closely for mental health issues. A key part of the program is family involvement.

Yet for many veterans the real problem is dealing with Vets Affairs and a fight for justice in the Administrative Appeals Tribunal.

Many law firms have opted out of veterans work because they can't afford the pro bono (no charge) effort required to combat the litigious DVA.

DVA spent $5.2 million on lawyers last year fighting veterans in the Administrative Appeals Tribunal.

That was down by $1 million on the previous year.

Greg Isolani, of KCI Lawyers, has run hundreds of cases, most of them legal aid or pro bono, for veterans against the DVA.

"Most veterans don't start off going to lawyers, they are forced ," he said.

Mr Isolani, with 15 years' experience in the area, says the Australian Defence Association has no background in veterans entitlement issues.

His view is: "They have no right to comment because they have zero first-hand knowledge."

To have the ADA accusing ill veterans and to label their claims "illogical and out of proportion" displays an utter ignorance of mental illness.

One thing all sides agree on in this debate is the need for a "one-stop shop" for veterans.

As debate rages about compensation of war veterans, dozens from Somalia, Cambodia, Rwanda, East Timor, Afghanistan and Iraq and others who haven't served abroad remain at risk of suicide.

They suffer every day from the stigma and helplessness attached to mental illness and they often do so alone.

mcphedrani@newsltd.com.au

ANYONE with personal problems, call Lifeline, 131 114; Victorian Statewide Suicide Helpline, 1300 651 251; Mensline Australia, 1300 789 978.

by maryann martinek (0 articles, 0 quicklinks, 0 diaries, 2 comments) on Thursday, May 3, 2007 at 7:11:42 AM
 

I think you are on to something...

I've witnessed this 'systemcatic-bureacratic' victimization of US vets repeatedly.  As a vet from a family of vets surrounded by vets - some career, I have observed a 'policy' emerge yet nowhere it is on paper.  A 'tacit' policy?

by Amanda Lang (23 articles, 13960 quicklinks, 431 diaries, 601 comments) on Thursday, May 3, 2007 at 12:19:04 PM
 

Missing VietVet Clinical &Medical Records going back 40years

NZ war veterans to sue govt for $NZ5b
Sunday May 6 09:20 AEST

New Zealand war veterans are planning to sue the NZ government and major political leaders from the past 40 years for $NZ5 billion ($A4.5 billion).

The veterans have hired Australian law firm Slater and Gordon to fight their class-action case over exposure to the deadly defoliant Agent Orange, the Sunday News reported.

Slater and Gordon in 2005 won $NZ1.5 billion ($A1.3 billion) from James Hardie for clients affected by asbestos poisoning.

Prime Minister Helen Clark, and former PMs Geoffrey Palmer, Mike Moore, Jim Bolger and Jenny Shipley, ex-ministers and governors-general are all targeted.

http://news.ninemsn.com.au/article.aspx?id=265350

I wish to add this:

always predicted its just a matter of time before a large Class Action for AUS vets begins here, wow! $A1.3B eh? and going back 40years - well, coupled with the extent of hidden files and missing clinical records which are all very common here from vietvet file to present Peacekeeper files - just a matter of time it will begin. I do highly recommend anyone who reads this email to apply to have a personal inspection of your medical records - this will cost you $30 and it might take a few months to process it. If your medical file is currently with DVA it will take a few weeks to get a personal inspection approved. BUT! if your medical records are with the Department of Defence - it might (might) at worst take you under one year. It should be quicker but! that is part of that problem i alert you all too. The Defence Medical Records keeping system is appauling and should be fixed.

It is believed that 40 year old vietVet med records (missing ones) are somewhere, and trust me if you think you have them all - think again, we know many clinical records get culled (not destroyed) just culled and placed elsewhere or usually stored on another government agency's land.

I would suggest everybody start asking the question - or personally look.

by maryann martinek (0 articles, 0 quicklinks, 0 diaries, 2 comments) on Saturday, May 5, 2007 at 9:18:37 PM