I got this from Army One Source yesterday.
Thousands of PTSD vets may get benefits boost
By Kelly Kennedy - Staff writer
Posted : Wednesday Jan 27, 2010 5:25:24 EST
Military officials have agreed to pay potentially millions of dollars to service members who were medically retired for post-traumatic stress disorder with disability ratings of less than 50 percent.
According to federal law, the military is required to give anyone whose PTSD is bad enough to warrant discharge a rating of at least 50 percent — a level that quialifies them for lifetime medical treatment for the veteran and his family, as well as monthly tax-free retirement payments if the rating is combat-related.
However, in a class action lawsuit filed in the U.S. Court of Federal Claims, pro bono attorneys for National Veterans Legal Services Program argued that at least 4,300 veterans diagnosed with PTSD by the military received ratings of less than 50 percent between Dec. 17, 2002, and Oct. 14, 2008.
The seven original plaintiffs in the suit each received ratings of 10 percent for PTSD.
The military’s position “was that they were not bound by the 50-percent law,” said Bart Stichman, co-director of National Veterans Legal Services Program.
In October 2008, the Defense Department sent out a memo ordering adjudicators to automatically give a rating of 50 percent for PTSD for service members going through the medical retirement process.
“They recognized, under duress, that it was wrong, but they did nothing to undo what had been done” to service members prior to the policy change, Stichman said. “Hence, our lawsuit.”
The agreement between the plaintiffs and government states that anyone rated at less than 50 percent for PTSD between Dec. 17, 2002, and Oct. 14, 2008, will automatically receive a rating of 50 percent for six months. That means back pay for anyone whose PTSD is combat-related.
Then, the military must put those cases on a priority list for further review.
“The veterans have nothing to lose,” said Ami Neiberger-Miller, a spokesperson for National Veterans Legal Services Program. “The military is not allowed to lower the ratings.”
Lawsuit could be dropped
The lawsuit was filed in December 2008. Under the negotiated agreement, if the military adheres to the terms for the next year, the lawsuit will be dropped. Both sides will give the court monthly updates.
A court-ordered letter went out Monday to the 4,300 veterans inviting them to join in the lawsuit.
It is an opt-in lawsuit, which means veterans must sign up to benefit from it. The deadline for joining is July 24. The PTSD does not have to be the direct result of combat; service members rated for other kinds of trauma, such as rape or another violent crime, also qualify for the higher rating.
As an example, Marine Cpl. Tyler Einarson was shot in the arm and chest during combat in Afghanistan in 2005. During his military medical retirement process, the military rated him at 10 percent for PTSD and 10 percent for nerve damage in his right arm from one of his wounds. Two months later, using the same law as a guide, the Department of Veterans Affairs rated Einarson at 50 percent for his PTSD, 30 percent for his arm, and 60 percent for lost lung capacity. Because of the agreement, Einarson will receive $24,000 in back pay from the military, as well as tax-free monthly retirement payments because his wounds were combat-related.
James Kelly of Morgan, Lewis and Bockius, which argued the case, said they are not seeking damages for the service members — just “what they’re due.” Kelly said he hoped the agreement would help hasten recovery for veterans, as well as put an end to some of the delays on the cases that have been sent back for appeal through the military system.
Anyone who would like to add his or her name to the lawsuit, or to get