Alarming Pattern in Defense Base Act TBI and PTSD Claims
Posted by defensebaseactcomp on January 13, 2010
As we research and document we have noticed the following pattern in DBA cases when it comes to PTSD/ TBI claims:
First, the insurance company lawyers viciously defame the claimant and his/ her family, oftentimes with the coerced help of former coworkers. Although the DSM IV clearly states the emotional impact of PTSD , namely irritability and outbursts of anger (D2), the ALJs routinely turn around and use the symptoms of PTSD to blame the victim or label them with personality disorder although there is no history of this behavior in their past.
Oftentimes their families are unfairly blamed for being the cause of ‘personal stressors’ to shift the blame and malign them in hopes that they will drop the claim and to deter others from filing a claim.
Secondly, the insurance shrinks produce false (misquote DSM IV etc.) and fraudulent medical testimony (fake bad scale; falsify psychological test results)
Based in large part on that defamation;
The ALJs denied all the initial PTSD claims, starting with Talbot, Eysselinck, Meredith and many others (Thompson indirectly by insisting that the last body recovery mission triggered his PTSD) because they were misled by the insurance quacks that the onset of PTSD symptoms is immediate and did not read the DSMIV evidence in the record. (see Course: Symptoms usually begin within the first 3 months after the trauma, although there may be a delay of months, or even years, before symptoms appear)
Third, the company falsely claims that the traumatic event never occurred/ or that no records/ witness exist; leading to totally insane findings like civilians contractors were not exposed to life-threatening events in the Iraq war.
It’s not that they don’t know better. Even the US Army’s official threat assessment fails to persuade them in their plush chambers half a world removed:
Daily Threat Update January 14, 2004:
“Analysis of recent attacks and information indicate that anti-coalition groups and affiliated foreign fighters as well s local resistance groups in Iraq are becoming more sophisticated and may be coordinating their anti-coalition efforts…..
There has been an increase of attacks involving civilian / contractor personnel throughout Iraq …..
Recent weeks have seen a significant increase in the threat against civilian ‘soft targets’. This includes attacks against western contractors and those associated with the CPA, Iraqis cooperating with the coalition …..
The threat of kidnapping remains high …
This threat is highest in Baghdad …
Finally, they assert that the claimant is either exaggerating or faking his impairment and then paint them as dishonest because of some minor or irrelevant discrepancy between what their numerous doctors wrote down in their treatment notes (or failed to mention) and the various depositions/ testimony of mentally impaired people who suffer from memory and attention problems.
This deceitful scheme has worked time and again. The real question is why do many administrative law judges credit these slanderous fabrications and lies regarding war exposure. Even when they find that a witness has lied, no action is taken against such person or employer/carrier who clearly put them up to it, thus encouraging AIG/CNA to use the same depraved tactics time and again with total impunity.