So we are not
surprised when sometimes, determining officers come to stupid
conclusions in their Reasons for Decisions.
Take the case of a veteran recently
downgraded when he applied for a pension
increase.
The veteran had
arrived in Vietnam as a rifleman with one of the battalions. Soon
after arriving in Vietnam, his company ran into a heavily fortified
Viet Cong bunker system. The company put in an attack. During the
assault, the section of which our veteran was a member, came under
heavy and accurate enemy automatic and RPG fire which killed the
section’s machine gunner.
An
intense fire fight developed between the section and the enemy in
the bunker system, the enemy proving tenacious and determined. It
was hard for the members of the section who were in the open to move
without attracting accurate fire from the bunkers but even so, our
veteran had repeatedly put himself in harms way to fire rockets in
an attempt to bust the bunkers. After two hours of continuous
fighting, the light began to fade and the order to begin breaking
contact was given.
Our
veteran’s section directed its efforts to recovering the dead
machine gunner and his machine gun which lay only five metres from
an enemy bunker. Our veteran was ordered to recover or destroy the
machine gun. ‘Without regard to his own safety’ he crawled, under
intense enemy fire, to the machine gun and dragged it, intact, to
safety. The section then broke contact. Later in his tour of duty,
our veteran witnessed the worst of all events; two of his own
section killed by ‘friendly’ fire.
In 2003, our veteran, fearing he was suffering Post
Traumatic Stress Disorder, applied for a disability pension. The
Department rejected his claim, declaring he was not a PTSD sufferer.
On appeal to the Veterans Review Board, the diagnosis of PTSD was
confirmed and our veteran was awarded a general rate
pension.
On two subsequent
occasions, our veteran applied for increases due to a worsening of
his condition, and they were granted by the Department. Our
veteran’s condition worsened again so that he was unable to continue
working. In consequence, he applied again for an increase. This
time, not only was the increase refused, but the determining officer
decided he was not suffering from PTSD. His pension was reduced from
100% to 30%. The determining officer gave as one of his reasons for
declaring that our veteran did not suffer PTSD, the
following:
“…I wish to note a
point regarding the post traumatic stress disorder, considering the
Statement of Principle concerning this condition. One of the
requirements of this Instrument concerning the definition of this
condition is that the ‘person has been exposed to a traumatic event
in which:
(i) the
person experienced, witnessed, or was confronted with an event or
events that involved actual or threatened death or serious injury,
or a threat to the physical integrity of self or others;
and
(ii) the
person’s response involved intense fear, helplessness, or horror.’
“It is not doubted that [the veteran] was involved in combat, was in
danger of his life and saw the deaths of others.
However in none of the
psychiatric reports concerned with his experiences in Vietnam is
there mention that his reaction to these incidents involved the
requisite intense fear, helplessness or horror. Indeed Dr White has
advised that although these events were distressing, there was no
description of psychiatric symptoms at the time. So the evidence
shows that [the veteran] did not exhibit the required reactive
emotional distress at the time of these events.”
So Dr White said there was no
description of psychiatric symptoms at the time. Of course there
weren’t. If such symptoms were displayed by soldiers experiencing
fear, helplessness or horror on the battlefield there would be
such chaotic behaviour as to put the survival of the military unit
in very great danger indeed. That is why a great deal of army
training is devoted to soldiers suppressing their reactions to fear,
helplessness or horror.
So what are the natural reactions
to fear, helplessness or horror? There are four of them. The
most common reaction is to run away. Another is to freeze, unable to
move. Another is to be overcome and faint. The fourth, less common,
reaction is blind, irrational aggression.
Army training replaces these
natural reactions to fear, helplessness or horror with
alternative reactions. Army training does this by endless repetition
of ‘contact drills’ and the continuous inculcation of obedience to
orders. If the natural reactions to fear etc were not replaced by
these drills and the following-of-orders, the variety of natural
reactions by the soldiers would cause the group to disintegrate as a
fighting unit and place all its members in grave danger. The
suppression of these natural reactions to fear etc, then, is
necessary for the survival of the group on the
battlefield.
So let’s
take our veteran for an example.
The next question to ask is: ‘Did
our veteran experience intense fear, helplessness or horror.
Only a fool would suggest that the extremely dangerous and
distressing events he endured did not produce these emotions in our
veteran. Only a robot would remain unaffected under these extreme
circumstances. But our veteran’s army training ensured he responded
in ways that did not endanger the survival of the group. Indeed, our
veteran’s army training enabled him to suppress his fear to such a
degree that he was able to carry out acts of great
bravery.
So it is indeed stupid of any
determining officer to use the fact that a soldier ‘did not exhibit
the required reactive emotional distress at the time of these
events’ as a reason for declaring he does not suffer from
PTSD.
Of course, the suppressing of the
emotions of fear, helplessness or horror does not eliminate
them. They remain suppressed only to emerge later in a variety of
destructive ways. This is why there is a diagnosis called Delayed
Post Traumatic Stress Disorder. This is why psychiatrists have tried
to cure veterans by ‘flooding’ them with horrible images of war in
an attempt to release these suppressed emotions. (It should be noted
that the results of some attempts of ‘flooding’ have been disastrous
with the veterans unable to cope with the intensity of the released
emotions). This is why the Vietnam Veterans Counselling Service has
a sharp increase in clientele after Anzac Day; the veterans’
suppressed emotions having been triggered by the days
events.
Soldiers’ army training has proved
very successful at enabling them to suppress these emotion so they
can carry on fighting effectively. Medical science has not been as
successful at preventing these suppressed emotions from doing a
great deal of damage, both psychological and physical, to veterans
in later life.
This flawed reasoning was not the
only criticism we have of the decision to declare our veteran does
not suffer PTSD. There is the issue of preferring the report of the
Department-selected psychiatrist (one who regularly appears for
insurance companies) over the report of the veteran’s treating
psychiatrist. Of course, the veteran’s treating psychiatrist knows
the veteran and his problems much better than a Department-appointed
psychiatrist who usually sees the veterans only once. This is an old
injustice veterans have always suffered and about which we have
continuously complained. There is no doubt that in all fairness the
treating psychiatrist’s opinion should carry more
weight.
We have written to the Department
suggesting an injustice has been done ‘our veteran’ for these and
other reasons. It can only be hoped the decision is
reversed.
It is also hoped the
Department realizes there is a need to better train their
determining officers.