 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.
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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.
___
On the Net:
Information on lawsuit:
http://www.ptsdlawsuit.com/
National Veterans Legal Services Program:
http://www.nvlsp.org/
PTSD Information Center:
http://ncptsd.va.gov/ncmain/information/
[Associated
Press; By KIMBERLY HEFLING]
Copyright 2010 The Associated Press.
All rights reserved. This material may not
be published, broadcast, rewritten or
redistributed.
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