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Oef Oif Ptsd Vets


Berta

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in part:

“The law says that veterans whose PTSD was serious enough to result in discharge from the military are entitled to 50-percent disability, which would give them and their families lifetime medical care, and, if the PTSD is combat-related, tax-free retirement payments, as well. But for some reason, Iraq war veteran Ryan Peck and more than 4,000 others did not receive the 50-percent rating. “

http://www.nvlsp.org/

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  • HadIt.com Elder

Just goes to show that even when instructed to do something the VA does whatever it wants to do

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  • HadIt.com Elder

Pete this is on DOD not the VA the medical retirement is a DOD function Chapter 61 retirements I believe the Judge basically told them if the vets with PTSD were so bad they had to be be discharged then they should have received at least a 50% MEB award and not the 10 and 20% they gave them also the medical care somes from Tricare and not CHAMPVA on top of that I don't know how they handle VA comp above and beyond that point but this is a DOD problem

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  • HadIt.com Elder

Thanks for clearing that up TestVet I sure would not want to bad mouth the VA if its not their ball game.

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  • HadIt.com Elder

Pete we ALL know the VAROs do enough bad on their own but I would not to see them get a bad rap on this one as this is a DOD issue I did have to laugh yesterday when I read Jim Stricklands column on VA Watchdog some guy got a denial letter for his PTSD dated 13 July and he wanted Jim to contact Sec Shinseki since the VARO was not using the new guidelines for approving PTSD claims yet rofl Jim was really short and to the point even new rules is not going to MAKE a VARO do anything they don't want to do on a claim claims will always be played with and low balled and denied as long as the regional offices want to play their games and we all have seen it being loud and noisy is not always the answer to the issue sometimes trying to take down the front door when using a side door works as well in the end there are just some issues the VA is not going to deal with any honesty or clarity if they don't have to the nuclear and chemical claims from the Cold war gulf war illnesses cardiac issues related to PTSD or to AO the VA fights these claims tooth and nail when it comes down to it they all seem to be the same deny at RO level and if a BVA Judge wants to award it let it be on them but seldom does a RO make those awards

the VA has a lot of sins to answer for but this isn't one of them :)

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  • HadIt.com Elder

in part:

“The law says that veterans whose PTSD was serious enough to result in discharge from the military are entitled to 50-percent disability, which would give them and their families lifetime medical care, and, if the PTSD is combat-related, tax-free retirement payments, as well. But for some reason, Iraq war veteran Ryan Peck and more than 4,000 others did not receive the 50-percent rating. “

http://www.nvlsp.org/

berta, That CFR regulation has been on the books for ages, and neither the DoD or VA use it. I'll have to go and look it up ... ~Wings

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Maybe I didnt explain this enough.This grew out of a class action lawsuit in Re: Sabo V USA. This was a news flash at NVLSP web site yesterday due to the July 24th 2010 deadline for any veterans affected by this.NVLSP posted two links on the deadline:

"This website provides information about a class action lawsuit known as "Sabo v. United States." The "Sabo" lawsuit was brought by the National Veterans Legal Services Program (NVLSP). It involves veterans 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, © 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).

A legal notice approved by the Court was mailed to each veteran described above. The legal notice describes the lawsuit and the right of each of these veterans to join the lawsuit. To join, the veteran must complete and sign the "Class Action Opt-In Notice Form" included at the end of the legal notice. (To see the legal notice, please click on "DOCUMENTS" at the top of this page, and then click "Authorized Class Notice" and scroll to the end of the document).

The deadline for joining the lawsuit is JULY 24, 2010. To meet this deadline, the two-page form must be either (1) faxed to 202-223-9199 by July 24, 2010; or (2) mailed to NVLSP, P.O. Box 65762, Washington, D.C. 20006, with a postmark of July 24, 2010 or before.

If you are one of the veterans described above and did not receive the legal notice, please click on "I DID NOT RECEIVE THE LEGAL NOTICE" on the left of this page.

If you received the legal notice, please read the four categories on the left of this page and click the category that fits your case. If you have questions, please feel free to contact NVLSP by calling its toll-free telephone number -- (877) 345-8387. To review the answers to frequently asked questions, please click on "FAQs" at the top of this page."

From:http://www.ptsdlawsuit.com

as posted recently at

http://www.nvlsp.org/

This is normal SOP that only vets who opt into the class action will become part of it.

Some lawsuits like the Nehmer lawsuit had automatic inclusion for Agent Orange exposed veterans. This lawsuit however requires a Opt in Notice form signed by the veteran.

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