Under fire: Wartime stress as a defense for murder

This is the price that innocent people pay when PTSD and TBI are IGNORED by the Military, the Veterans Administration  and the Defense Base Act Insurance Companies.  The Defense Base Act Insurance Companies should be found guilty of murder themselves in many instances.

“We haven’t begun to see the wave of all this.”

Should post-traumatic stress disorder be a defense for murder? Watch “War Rage on Trial” on CNN Presents, Sunday, May 6 at 8 p.m./11p.m. ET.

CNN

Less than a year after returning from combat in Iraq, Nick Horner was charged with two murders.

Altoona, Pennsylvania (CNN) — Raymond Williams had just retired and was looking forward to traveling out west with his wife and spending time with his three grandchildren. But all those plans were shattered on April 6, 2009. As Williams, 64, went to get the mail on that spring day, he was gunned down by a man he’d never met.

His wife found his body.

“She said, you know ‘Matt! Matt! Somebody shot Dad,’” recalled Williams’ son, Matt. “It didn’t register. I’m thinking, ‘OK where is he now? Did they take him to the hospital? What hospital is he in?’ And before I could even get another word out, she goes ‘And he’s dead.’”

A short time earlier, the same gunman had killed a teenager and wounded a woman at a store in the same working-class town of Altoona in central Pennsylvania.

The gunman, Nicholas Horner, was a husband, a father, and a veteran soldier who had been awarded multiple medals for his service in Iraq, including a combat action badge. Less than a year after returning from combat, Horner faced two first degree murder charges and the possibility of the death penalty.

“Not in a million years could I believe this was true because Nick would never, he could never hurt anyone,” said Horner’s mother, Karen. “I know Nick. Nick pulled the trigger, but that wasn’t Nick.”

Please read the entire story here

Tim Eysselinck Casualty 8 Years Ago Today

Tim Eysselinck

You and your family in our thoughts today and everyday

War is Brain-Damaging

The Defense Base Act Insurance Companies and the Department of Labor are as negligent as the Department of Defense when it comes denying the dangers of Post Traumatic Stress Disorder and Traumatic Brain Injury, and most negligently when a contractor suffers from both.

“a potentially lethal combination of post-traumatic stress disorder and traumatic brain injury. When the frontal lobe — which controls emotions — is damaged, it simply can’t put on the brakes if a PTSD flashback unleashes powerful feelings. Seeing his buddy’s leg blown off may have unleashed a PTSD episode his damaged brain couldn’t stop”

The New York Times Sunday Review

These vets suffer from a particular kind of brain damage that results from repeated exposure to the concussive force of improvised explosive devices — I.E.D.’s — a regular event for troops traveling the roads in Iraq and Afghanistan.

“It’s Russian roulette,” one vet told me, “We had one guy in our company who got hit nine times before the 10th one waxed him.” An I.E.D. explosion can mean death or at least a lost arm or leg, but you don’t have to take a direct hit to feel its effects. A veteran who’d been in 26 blasts explained, “It feels like you’re whacked in the head with a shovel. When you come to, you don’t know whether you’re dead or alive.”

The news that Robert Bales, an Army staff sergeant accused of having killed 16 Afghan civilians last week, had suffered a traumatic brain injury unleashed a flurry of e-mails among those of us who have been trying to beat the drums about this widespread — and often undiagnosed — war injury. New facts about Staff Sgt. Bales are coming out daily. After we heard about the brain injury that resulted when his vehicle rolled over in an I.E.D. blast, we were told that he had lost part of his foot in a separate incident. Then we learned that the day before his rampage, he’d been standing by a buddy when that man’s leg was blown off. There are also reports of alcohol use.

People with more appropriate professional skills than mine will have to parse these facts, but from what I have learned in my work as a storyteller, this tragedy may be related to something I heard about in my interviews: a potentially lethal combination of post-traumatic stress disorder and traumatic brain injury. When the frontal lobe — which controls emotions — is damaged, it simply can’t put on the brakes if a PTSD flashback unleashes powerful feelings. Seeing his buddy’s leg blown off may have unleashed a PTSD episode his damaged brain couldn’t stop. If alcohol was indeed part of the picture, it could have further undermined his compromised frontal lobe function

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Afghan shooting suspect’s friend had leg blown off

From the AP  March 16, 2012

Attorney John Henry Browne talks to reporters, Thursday, March 15, 2012, in Seattle. Browne will be representing the U.S. soldier accused of killing 16 Afghan civilians. (AP Photo/Ted S. Warren)

The soldier’s attorney, Seattle attorney John Henry Browne, told reporters Thursday that the day before the rampage, he saw his friend’s leg blown off.

Browne told The Associated Press that his client’s family provided him with details of the injury to another U.S. soldier. The details have not been independently verified.

“His leg was blown off, and my client was standing next to him,” he said Thursday.

It isn’t clear whether the incident might have helped prompt the horrific middle-of-the-night attack on civilians in two villages last Sunday. Browne said it affected all of the soldiers at the base.

The suspect had been injured twice during his three previous deployments to Iraq and didn’t want to go to Afghanistan to begin with, Browne said.

Browne declined to release his client’s name, citing concerns for the man’s family, which is under protection on Joint Base Lewis-McChord, near Tacoma. But he said the soldier has two young children, ages 3 and 4.

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All’s Fair in Love and AIG WAR? No Ethics ?

Defense Base Act Claimants really are in another War Zone when they must file a DBA Claim.

As it turns out many, too many, of the Plaintiff’s own Attorneys are aiding and abetting the enemy

Last January ALJ  Berlin awarded the Dill Widow DBA Death Benefits in a very important PTSD/Suicide Claim.

This claim was denied for five years while Wade Dill’s  widow Barbara’s integrity was brutally attacked as though she had pulled the trigger herself.

KBR refused to supply Wade Dill’s medical records and other reports which would have exposed the state of mind he was in while still in Iraq.  But it is OK to defy discovery if you are AIG/KBR-SEII.  Do not try this yourself, you’ll lose your claim.

Dennis Nalick was the Attorney who brought this claim to a successful decision. 

Barbara Dill’s next Attorney, Bruce H Nicholson, refused to address misinformation in the records saying “you won the claim why would you want to mess with it”.

Mr Nicholson refuted any suggestion that this very important decision would be appealed.  He went so far as to tell the Widow that she should discontinue corresponding with those who assured her it would be.  Bad people we are, just trying to upset her needlessly.

AIG KBR SEII via Michael Thomas appealed the decision.

Mr Nicholson never responded to the Benefits Review Board on behalf of the Widow though he assured her he was on top of it and he and the widow corresponded regularly.

On February 28 the BRB overturned the ALJ’s decision, unopposed.  The widow was not represented at all.

Mr. Nicholson was though, prior to this decision, negotiating a “settlement” with Michael Thomas and AIG which would take this important PTSD Suicide decision out of this WAR as case law for all impending and future PTSD Suicide claims.  The same Mr Nicholson who posted here at the blog in response to the award:

“The decision represents a sound road map for work related contractor suicide claims and is unlikely to be overturned when followed.”

We ask, is no one in this wretched biased system held to any standard of ethical practice?

Mr Nicholson was responsible for representing the Widow and he did not.

Would it not have been a requirement of those who were involved in this to make the widow aware, to speak up?

We do not kid ourselves that this was simply a case of friendly fire.  There was too much at stake here.

PTSD diagnoses at Lewis-McChord reexamined

Thanks to MsSparky for putting this one together, your DBAComp team is busy SCREAMING WHY !!!!

YOU SICK INSURANCE COMPANIES AND YOUR DEFENSE ATTORNEYS ALONG WITH SOME DOL EMPLOYEES ARE JUST AS GUILTY AS THE MILITARY

It is home base not only of the soldier accused in this weekend’s shooting of civilian women and children in Afghanistan, but also Staff Sgt. Calvin Gibbs, who was recently convicted of killing Afghan civilians for sport.

It’s also the base of Iraq War veteran Benjamin Colton Barnes, the suspect in the killing of a Mount Rainier National Park ranger on New Year’s Day. (Barnes’ body was later found in the park.) “Beltway Sniper” John Allen Muhammad – executed in 2009 for killing 10 people around Washington, D.C. – was also stationed at Lewis-McChord.

(CBS/AP) – March 12, 2012 – Diagnoses of post-traumatic stress disorder at an Army Medical Center located at the home base of the soldier accused of fatally shooting 16 Afghan civilians has been under scrutiny by Army investigators.

The forensic psychiatry unit at Madigan Army Medical Center had come under fire for reversing diagnoses of PTSD for nearly 300 service members during the past five years. The head of Madigan Healthcare System was recently placed on administrative leave.

The Army initiated an investigation following an Army ombudsman’s memo indicating that hospital officials were encouraging psychiatrists to limit diagnoses of PTSD in order to reduce costs.

Madigan is located at Joint Base Lewis-McChord near Tacoma, Wash., which has sent tens of thousands of soldiers to Iraq and Afghanistan.

It is home base not only of the soldier accused in this weekend’s shooting of civilian women and children in Afghanistan, but also Staff Sgt. Calvin Gibbs, who was recently convicted of killing Afghan civilians for sport.

It’s also the base of Iraq War veteran Benjamin Colton Barnes, the suspect in the killing of a Mount Rainier National Park ranger on New Year’s Day. (Barnes’ body was later found in the park.) “Beltway Sniper” John Allen Muhammad – executed in 2009 for killing 10 people around Washington, D.C. – was also stationed at Lewis-McChord.

It is unknown what, if any, role PTSD played in the case of Sunday’s attack.

Shooting suspect is from troubled U.S. base
Afghan rampage: Suspect’s motive a big unknown
U.S. soldier held in deaths of 16 Afghans

PTSD is a condition which results from experiencing or seeing a traumatic event, such as a battlefield casualty. Symptoms can include recurrent nightmares, flashbacks, irritability and feeling distant from other people.

–~~~~~~~~~~~~–

Soldiers are often diagnosed with PTSD as they move through the Army medical system. The forensic team at Madigan was charged with making a final diagnostic review of soldiers under consideration for retirement.

In 2008 the Rand Corporation had estimated that one in five veterans of fighting in Iraq or Afghanistan suffers from major depression or PTSD.

The ombudsman’s memo, as reported in The Seattle News-Tribune, quoted a Madigan Army psychiatrist telling a September 2011 meeting of medical center clinicians not to simply “rubber stamp” a soldier’s PTSD diagnosis, which could allow the service member to retire with disability and lifetime health benefits ranging between $400,000 and $1.5 million.

The psychiatrist stated that “we have to be good stewards of the taxpayers’ dollars,” and warned PTSD diagnoses could lead to the Army and Department of Veterans Affairs going broke.

In February the Seattle Times reported that the head of Madigan Healthcare System, Col. Dallas Homas, was administratively removed from command less than a year after taking over.

“This is a common practice during ongoing investigations and nothing more,” Maj. Gen. Phillip Volpe, head of Western Regional Medical Command, told the Associated Press.

Madigan’s PTSD screeners were also suspended from duty as Army Medical Command investigates the reversed diagnoses.

The staff at Madigan has denied they were pressured by commanders to limit PTSD diagnoses.

Earlier this year 14 soldiers were re-evaluated after complaining that their PTSD diagnoses had been reversed by Madigan. (Six of the 14 had their PTSD diagnoses reinstated.) Last week, it was announced that an additional 285 patients had been identified as having had their PTSD diagnoses reversed at Madigan since 2007.

The soldiers will be invited to undergo new evaluations, either at Madigan or at other military facilities. (Click HERE for original article)

US Spec Ops Serviceman, with diagnosed TBI, kills 16 in house to house village shooting

IGNORE THE SYMPTOMS, FAIL TO ACKNOWLEDGE,

Someone always pays, just not those responsible

By msnbc.com staff and news services  March 14, 2012

Updated at 7:59 a.m. ET: KABUL, Afghanistan — The U.S. soldier who allegedly shot 16 Afghan villagers was caught on surveillance video that showed him walking up to his base and raising his arms in surrender, Afghan officials who viewed the footage said.

The video reportedly was shot from a blimp and showed the soldier walking up to his base covered in a traditional Afghan shawl. The soldier removed the shawl and put his weapon on the ground, then raised his arms in surrender, unidentified Afghan officials told Reuters and The Associated Press.

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The video had been shown to investigators to help dispel a widely held belief among Afghans, including many members of parliament, that more than one soldier must have been involved because of the high death toll, the officials told journalists.

Shooting suspect was trained sniper  March12, 2012

The soldier detained for the shootings in Afghanistan was a qualified infantry sniper, a senior Department of Defense official told CNN. (See also: heightened security in Afghanistan)

The soldier was injured in a vehicle rollover while in Iraq in 2010, according to the official. The official described it as a non-combat rollover. He was diagnosed with Traumatic Brain Injury (TBI) but was found fit for duty.

His family has been moved on to Joint Base Lewis-McChord for their safety, the official said.

After an Afghan soldier alerted the U.S. military at the base of the soldier’s initial departure, the U.S. military put up an aircraft to search for the missing soldier. Soon after, Afghan civilians came to the gate carrying wounded civilians, the first indication the military had of the shooting.

When the soldier turned himself over to the search party, he immediately invoked his rights not to speak. He has been moved to Kandahar and put in pre-trial confinement, a congressional source told CNN.

  March 11, 2012 10pm

“It appears he walked off post and later returned and turned himself in,” said Lt. Cmdr. James Williams, a military spokesman. The NATO force said the assailant acknowledged he had inflicted an unspecified number of casualties during the shootings, which began about 3 a.m.

The soldier’s name has not been released, but a U.S. official told ABC News he is a 38-year-old staff sergeant who is married with two children and had served three tours in Iraq This was his first tour in Afghanistan, where he has been since early December, the official said.

Separately, a senior U.S. military official confirmed that the sergeant was attached to a unit based at Lewis-McChord, located near Tacoma, and that he had been part of what is called a village-stabilization operation in Afghanistan, in which teams of Green Berets, supported by other soldiers, try to develop close ties with village elders, organize local police units and track down Taliban leaders. The official said the sergeant was not a Green Beret himself.

JOINT BASE LEWIS-MCCHORD, Wash. – A soldier accused of killing 16 Afghan civilians in cold blood while they slept is a staff sergeant from Joint Base Lewis-McChord, a U.S. official has confirmed

The soldier’s name has not been released, but a U.S. official told ABC News he is a 38-year-old staff sergeant who is married with two children, and served three tours in Iraq. This was his first tour in Afghanistan, where he has been since early December, the official said

LA Times  March 11, 2012

Reporting from Kabul, Afghanistan — A lone American serviceman slipped away from his base in southern Afghanistan before dawn Sunday and went on a methodical house-to-house shooting spree in a nearby village, killing 16 people, nearly all of them women and children, according to Afghan officials who visited the scene.

The NATO force confirmed that the assailant was in military custody, and that he had inflicted an unspecified number of casualties during the shooting spree at about 3 a.m. Sunday. The U.S. Embassy called for calm and expressed deep condolences; the Taliban referred to the killings as an “act of genocide.”

The British Broadcasting Corp. reported that the shooter was a staff sergeant and a member of the U.S. special operations forces who had been involved in training the Afghan police.

The incident, potentially the worst atrocity of the 10-year war to be deliberately carried out by a single member of the Western military, represents a stunning setback to U.S.-Afghan relations, already shaken by last month’s burning of copies of the Koran at a U.S. military base north of Kabul

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PTSD Suicide Joseph R Clyde

Joseph R Clyde – “JC”, Clydesdale
Jan 14, 1970 – Jan 28, 2012 – RIP
Iraq 2005 -2009 BT – Anaconda
Suicide/PTSD

Tribute to those who gave all

A Marine’s Suicide And A Family’s Fight For Compensation

“Danelle will say her husband died of a battle wound, it just took him 2-and-a-half-years to die.”

Here and Now Boston  February 28, 2012

There is no doubt the U.S. military has beefed up its suicide prevention efforts in recent years, adding mental health staff to deal with the huge influx of returning vets from Iraq and Afghanistan but the suicides continue–an astonishing 18 veterans killed themselves each day, according to a recent Washington Post article.

The piece was written by the paper’s military reporter Greg Jaffe and it centers on the 2010 death of a former Marine, Maj. Jeff Hack, who killed himself more than two years after he left the military.

As Jaffe writes, Hackett was a standout Marine, plucked from the enlisted ranks to become an officer. But serving in Iraq, when 13 men under his command were killed, turned him on himself. After his first tour, he tried to retire early, but the Marines said “no” and sent him back for that second tour.

Once he came home for good, what happened will sound familiar to the families of other returning vets with Post Traumatic Stress Disorder: Heavy drinking, erratic behavior, and finally suicide in an America legion hall in Cheyenne, Wyoming.

What happened after Hackett’s death is really the subject of Greg Jaffe’s story, because while the Veterans Administration acknowledges Maj. Jeff Hackett died as a result of chronic PTSD connected to his Iraq experience, it still denied his widow Danelle a $400,000 life insurance claim.

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When Injuries to the Brain Tear at Hearts

Hat Tip to Charles Pak for this article

 

BEFORE AND AFTER Hugh and Rosemary Rawlins have put their lives back together since his 2002 brain injury, but their struggle has included her diagnosis of post-traumatic stress syndrome.

The New York Times  January 12, 2012

At a crowded vigil on Sunday night in Tucson, Representative Gabrielle Giffords held her husband’s hand as she stepped up to the lectern to recite the Pledge of Allegiance.

It had been one year since a shooting at a Tucson supermarket killed six people, injured 12 others and left her with a severe brain injury. Ms. Giffords’s appearance was greeted by an enthusiastic crowd that applauded her remarkable progress toward recovery.

The man next to her, fighting tears, offered his own remarks. “For the past year, we’ve had new realities to live with,” said her husband, the astronaut Mark E. Kelly. “The reality and pain of letting go of the past.”

Captain Kelly was speaking of the survivors of the shooting. But his words echoed the sentiments of many brain injury survivors and their spouses as they grapple with interpersonal challenges that take much longer than a year to overcome.

Until recently, there had been little evidence-based research on how to rebuild marriages after such a tragedy. Indeed, doctors frequently warn uninjured spouses that the marriage may well be over, that the personality changes that can result from brain injury may do irreparable harm to the relationship.

Please see the original and read the entire article here