| THOUSANDS OF
OEF/OIF VETERANS COULD GET BENEFITS UPGRADE
DoD has agreed to expedite a review of
the records of thousands of OEF/OIF vets discharged with PTSD to
determine whether they were improperly denied benefits.
NOTE from
Larry Scott, VA Watchdog dot Org
... We have a news article followed by a press release from NVLSP.
Information on the lawsuit can be found here:
http://www.ptsdlawsuit.com/
The National Veterans Legal Services Program web site is here:
http://www.nvlsp.org/
And, the PTSD Information Center web site is here:
http://ncptsd.va.gov/ncmain/information/
-------------------------
Thousands of vets could get
benefits upgrade
By KIMBERLY HEFLING
ASSOCIATED PRESS WRITER
http://www.seattlepi.com/national/1152
ap_us_veterans_lawsuit.html
WASHINGTON -- The military has agreed to expedite a review the
records of thousands of Iraq and Afghanistan veterans discharged
with post-traumatic stress disorder to determine whether they were
improperly denied benefits.
The agreement stems from a judge's order in a class action lawsuit
originally filed by seven combat veterans who alleged the military
illegally denied benefits to those discharged because of the
disorder during a six-year period that ended Oct. 14, 2008.
Legal notices are currently being mailed to about 4,300 veterans
informing them that they can "opt-in" to the lawsuit until July 24
to participate in the expedited review. Attorneys for the veterans
estimate that millions could be paid to veterans under the
agreement, with some veterans receiving hundreds or more dollars
in increased monthly benefits.
The National Veterans Legal Services Program was to discuss the
suit at a press conference Monday.
Former Army Sgt. Juan Perez, 36, of Owosso, Mich., said the
resolution of the suit filed in 2008 in the U.S. Court of Federal
Claims was a relief. Perez, a father of five who did two tours in
Iraq, said he struggles with migraine headaches and an eye injury
related to a head injury sustained in
 Baghdad.
He also has nightmares and takes medication for his mood related
to PTSD.
Since he left the military, he said he and his wife were laid off
from their jobs and declared bankruptcy, in part because of
medical bills from the birth of his two youngest kids.
"I'm glad that they are finally moving forward and reevaluating
the soldiers that need to be reevaluated and doing the right
thing," Perez said. "It's been kind of a struggle not only for
myself but a lot of individuals that didn't get what they were
supposed to get in the first place."
PTSD is an anxiety disorder that can develop after a terrifying
event where the person was physically harmed or felt threatened.
Symptoms range from flashbacks to problem drinking.
The lawsuit addresses the issue of the disability rating given by
the military to veterans discharged with PTSD. Each of the seven
plaintiffs was given a rating of 10 percent or less.
The law requires the military to assign a disability rating of at
least 50 percent to those discharged for PTSD, said Bart Stichman,
co-executive director the National Veterans Legal Services
Program, a nonprofit organization that represents the veterans.
Since October 2008, the military has given the 50 percent rating
to those discharged with PTSD, Stichman said.
The higher rating ensures that the veteran receives lifelong
monthly disability payments, free health care for the veteran and
the veteran's spouse, as well as health care for the veteran's
minor children.
If a veteran qualifies for a higher disability rating, they may
receive back pay as well as reimbursement for health care
expenses.
To help the affected veterans, the National Veterans Legal
Services Program and Morgan Lewis & Bockius LLP law firm have
coordinated about 100 volunteer lawyers to offer free counseling.
-------------------------
News Releases
CLASS
ACTION LAWSUIT TO YIELD BETTER BENEFITS FOR THOUSANDS OF
VETERANS SUFFERING FROM PTSD AND THEIR FAMILIES
Veterans
must opt-in by July 24 for disability rating upgrade and expedited
review of benefits, NVLSP and Morgan Lewis available to counsel
veterans on their rights as class members
FOR IMMEDIATE
RELEASE January 25, 2010
http://www.lawyersservingwarriors.com/news_releases-10-0125.html
WASHINGTON—Following an order issued
by the judge overseeing Sabo
v. United States,
legal notices are being mailed this week to more than 4,300
veterans who served in Operation Iraqi Freedom or Operation
Enduring Freedom and were diagnosed with post traumatic stress
disorder (PTSD).
The court’s notice invites them to
join a class action lawsuit filed in December 2008 in the U.S.
Court of Federal Claims by signing and submitting an “opt-in” form no
later than July 24, 2010.
Submitting this form will allow these veterans to take advantage
of a negotiated resolution that guarantees an upgrade in the
veteran’s disability rating and an expedited review by a military
correction board to determine the full extent of the rating
improvement.
The lawsuit,
filed on behalf of seven veterans by the non-profit National
Veterans Legal Services Program (NVLSP) and pro bono counsel
Morgan Lewis & Bockius LLP, alleges that between December 17, 2002
and October 14, 2008, the military illegally denied benefits to an
entire class of service members who returned from Iraq and
Afghanistan with PTSD and were discharged from service.
As
a result of the suit, the military has agreed to expedite a review
of records to increase the disability ratings previously issued to
all class members. To help affected veterans navigate the process
of seeking the benefits to which they are entitled, NVLSP and
Morgan Lewis are bringing together approximately 100 volunteer
lawyers to offer free counseling to all class members.
The disability ratings which are the
subject of the lawsuit are critically important to veterans with
PTSD. A permanent disability rating of 30% or more entitles a
veteran to monthly disability benefits for the rest of the
veteran’s life, to free health care for the veteran and his or her
spouse for life, and to free health care for their minor
children.
“For years, the law has required the
military to assign a disability rating of at least 50% to all
veterans discharged for PTSD. This rating (above 30%) would give
them the medical benefits they need. And, in October 2008, the
Department of Defense in fact ordered the military to assign a 50%
rating for PTSD going forward,” said Bart Stichman, co-executive
director of NVLSP. “Yet, each of the seven named plaintiffs in
our lawsuit received a rating of 10% or less. We believe there
are thousands more who were likewise shortchanged.”
Eligible veterans who join the suit
will be entitled to expedited review of their disability rating, a
correction of military records to show their rating for PTSD was
at least 50% for the six-month period following the date of
release from military service, as well as a determination of
whether the new rating should be permanently increased, decreased,
or remain the same.
After
their rating is increased, class members may receive back pay of
disability benefits, reimbursement for health care expenses the
military should have covered, as well as future benefits to which
they and their families are entitled—potentially millions of
dollars in benefits over time.
“Even if the
military board does not end up permanently raising a veteran’s
PTSD disability rating, the veteran retains the right to ask the
court to do so,” added Stichman. “In short, they cannot end up
worse off by virtue of joining the lawsuit and agreeing to a board
review.”
WHO CAN BE
A CLASS MEMBER IN THIS CLASS ACTION LAWSUIT?
All individuals who (a) served on active duty
in the U.S. Army, Navy, Marine Corps, or Air Force, (b) were found
by a Physical Evaluation Board to be unfit for continued service
due, at least in part, to the individual’s PTSD, (c) were assigned
a disability rating for PTSD of less than 50%, and, as a result,
(d) were released, separated, retired, or discharged from active
duty after December 17, 2002, and prior to October 14, 2008
(regardless whether such release, separation, retirement, or
discharge resulted in the individual’s placement on the Temporary
Disability Retirement List).
Veterans who do not receive the
legal notice, but who believe they may qualify as a class member
in Sabo
vs. United States,
should go to www.ptsdlawsuit.com to
obtain information about their rights in the lawsuit.
PRESS/MEDIA
INTERVIEW REQUESTS
Press information, more information about
Lawyers Serving WarriorsTM and
the legal complaint for the lawsuit are available at www.LawyersServingWarriors.org. Press
and media interview requests should be directed to Ami Neiberger-Miller,
cellular 703.887.4877, ami@steppingstonellc.com.
ABOUT NVLSP
The National Veterans Legal Services Program
(NVLSP) is an independent, nonprofit veterans’ service
organization that has served active duty military personnel and
veterans since 1980. NVLSP strives to ensure that our nation
honors its commitment to its 25 million veterans and active duty
personnel by providing them the federal benefits they have earned
through their service to our country. NVSLP offers training for
attorneys and other advocates, connects veterans and active duty
personnel with pro bono legal help, publishes the nation’s
definitive guide on veterans’ benefits, and represents and
litigates for veterans and their families before the VA, military
discharge review agencies, and federal courts. For more
information go to www.nvlsp.org.
ABOUT MORGAN,
LEWIS & BOCKIUS LLP
Morgan Lewis provides comprehensive
transactional, litigation, labor and employment, and intellectual
property legal services to clients of all sizes—from global
Fortune 100 companies to just-conceived startups—across all major
industries. Its international team of attorneys, patent agents,
employee benefits advisors, regulatory scientists, and other
specialists—nearly 3,000 professionals total—serves clients from
22 offices in the United States, Europe, and Asia. For more
information about Morgan Lewis or its practices, please visit: www.morganlewis.com.
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