Veterans Sue Federal Government Over Lack of PTSD Disability Benefits

Greg Webb
Attorney
(866) 735-1102 Ext 530
Posted by Greg WebbDecember 29, 2008 8:00 AM
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A class action lawsuit has been filed against the federal government by five veterans of the wars in Iraq and Afghanistan. The soldiers allege that they were illegally denied disability benefits despite being diagnosed with severe cases of post-traumatic stress disorder (PTSD).

 

            The soldiers were discharged by the Army after it determined that their damaged mental health left them unfit to serve. They were then assigned disability ratings well below the 50 percent figure needed to qualify for lifetime health care benefits. The complaint claims that the Army “systematically” ignored rules requiring that all servicemen diagnosed with PTSD receive an automatic 50 percent rating. In October, the Defense Department ordered the Army to stop deflating PTSD victims’ disability ratings.

 

            The lawsuit asks the Army to award the soldiers the disability benefits they would have received, as well as unspecified damages. Lawyers are hoping to find out how many other servicemen with PTSD were denied disability benefits through discovery. “[W]e think there were thousands,” said Bart Stichman, co-director of National Veterans Legal Services Program, which is representing the soldiers.

 

            The soldiers are also being represented by Morgan, Lewis & Bockius. The NVLSP instituted a Lawyers Serving Warriors program to provide veterans pro bono counsel from major firms, and this is the first lawsuit from that program.

 

            In California in 2007, a group of former soldiers filed suit against the Veterans Administration demanding that the agency completely restructure the way it processes PTSD claims, and clean up a mess that left many former soldiers without care for months.

3 Comments

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frank
Posted by frank
January 03, 2009 10:27 AM

Please, understand the discriminatory process the Military uses determining a case of ptsd. Lots of factors come into play. Proving one's damage caused by war related trauma, is directly related to the action(s) that precipitated a certain event, e.g., how long in a traumatic situation (a single or many fire fights, the circumstances involved: viewing, smelling, contact with battle remains and the nightmares brought on by those events, etc,etc. Individual claims must be credited and processed accurately. I experienced trauma which I felt severely distressing and was given 0%. After reviewing all material a different outcome was given. I say this, because many individuals are reviewing claims and differ in their oppinons. Much has to be considered, not to mention the disingenuine element clogging up the process with fraudulent claims. I do feel for our true and honest veterans that have to suffer this process, but it is necessary in order to determine actual claims. Those with severe wounds should be afforded top priority and so on. After many years involved with the VA, through various orginisations, I've heard many stories and tales of woe, some true, some proven not true. You're involved with a changing system, that needs time to develope and it'll take time and trail. I always believed that persistence will prevail. Hopefully, it does so quicker for those needing it the most. Let hope the U.S. doesn't give up on the hero's who fought so I might wright this comment.

isa kocher
Posted by isa kocher
January 04, 2009 9:23 AM

regardless of the claim, the VA treats vets like homeless dogs. the process is designed to deny the claim and demean denigrate dehumanize and humiliate the vet. the va prolongs the process: my venue was changed 3 times, and i had to start over again from scratch. adjudicate to deny, despite pages of overwhelming evidence, they cherry pick irrevelent comments by individuals in records who've never treated or examined the vet to deny. my PTSD event was described in detail by a summary from the judge advocate, and it was commented that that wasn't in my medical record. an investigative report by military OSI details the same event and the adjudicator quotes it to say it did not occur. adjudicate to deny.

The military and the VA have zero respect for vets. Adjudicate to deny applies as much to physical disability as it does to mental. My spinal and head injuries also took ten years to adjudicate. It's criminal. It's like USA dogs have more rights than vets.

Greg Webb
Posted by Greg Webb
January 04, 2009 1:20 PM

Mr. Kocher,

For what it is worth, I am sorry about your situation. You should contact one of the Veteran's Pro Bono Projects (in Philadelphia, for example) about representation, if you do not have an attorney already. The Veterans Administration, when reviewing a claim, should look at the claim in a light favorable to the veteran, but this does not often happen and the law is misapplied. I wish you the best.

Greg

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