Settlement Grants Class of Vets with PTSD Lifetime Disability Coverage

More than two thousand veterans of the wars in Iraq and Afghanistan who were denied disability benefits for their post-traumatic stress disorder will receive lifetime coverage, the National Veterans Legal Services Program announced today, the result of a class action settlement with the federal government.

Represented pro bono by lawyers from the D.C. office of Morgan, Lewis & Bockius, as well as in-house counsel working for free from Hewlett-Packard Co. and Pfizer Inc., the veterans served between 2003 and 2008.

“For more than a thousand military families, today’s settlement brings some well-deserved peace of mind,” said James Kelley II, lead partner for the team at Morgan Lewis, which also included Brad Fagg and Charles Groppe. “We are gratified that the government will finally make good on its promise to meet the healthcare needs of these veterans and their loved ones.”

The veterans filed their complaint in the Court of Federal Claims in December 2008, and in 2009, the court certified it as a class, with 2,161 soldiers opting in. The members were were found by a physical evaluation board to be unfit for continued service due, at least in part, to post-traumatic stress disorder, but were assigned a disability rating of less than 50% — the rating that entitles a veteran to disability retirement benefits.

The settlement entitles the veterans to:

· Lifetime military disability retirement payments retroactive to the date of discharge.

· Eligibility to apply for Combat-Related Special Compensation (which may increase the veteran’s monthly disability payments further).

· Lifetime military healthcare (TriCare) for the veteran, his or her spouse, as well as their children until at least age 18.

· Lifetime commissary and military post exchange privileges.

· Eligibility to purchase life insurance coverage through the Survivor Benefit Plan.

· Reimbursement for expenses paid for the medical treatment of the veteran, the veteran’s spouse, and the veteran’s minor children, from the date of the veteran’s separation from military service.

The settlement must still be approved by the court.

Barton Stichman and Amy Fletcher represented the National Veterans Legal Services Program.

Bryant Snee and Douglas Mickle of the Justice Department represented the government, as did Jacob Wolf of the Military Personnel Branch Army Litigation Division, John Goehring of the Air Force General Litigation Division, and Kathleen Kadlac of the Office of the Judge Advocate General.

Comments

[A place of hope for Anxiety Treatment]

great blog, thank you for the posts!

[Robert Jones]

No matter what you call it this problem has been around a long long time. Our government has never been willing to do much about it. Maybe it's time we replaced ALL of our government representatives and see if we can't find some that will pay a little more attention to our vets.

[Annette McNamara]

So great, however today is Dec. 13, 2011, the soldier's that spent 14 years or more are being treated the same way again. So what did we learn..PTSD is PTSD nothing more or less. Senator's we need to address this serious mistreatment of our soldiers and their families. Thank you
Grandma Mac

[Mike]

In the end we all are in the same line. One war vs. another does not entitle anyone to dismiss the fact the we "combat veterans" served our country in a time of war. War is war and it is Hell.

[Mr Harold Sheinman RVN VET]

Post Truamatic Stress Disorder was born
out of the Vietnam War...In earler Wars it was dismissed as war fatigue and shell shock.In Vietnam Veterans with diagnosed
lifelong PTSD its a devils curse .What i mean is that do to high uncontrolable
cortizole brain levels and wars horrific
brain tattoo as i call it ,has ingrained
triggers ,that cuase head pressure thats
very distracting and the PTSD syndrome,
leads to severe on and off memmory loss
as well.It is extyremely difficult for
war time PTSD victims to gain a comfortable
living existance when they dont and cant
understand my their brains are out of their
control...the result is they shy away from
people and conversation ...they do this to
try to appear normal ,yet always feel sick
of their uncontrolable feeling of being
very differant...This is why so many suicides ,get written up about and to many
are so sad.The Vietnam veterans Exposed
to Ogent Orange Dioxin Poison and who have
Diseases legaly put on the list of those
diseases ,often suffer more with PTSD.Its
a side by side illness that feeds on
themselves....Most of these vietnam veterans
have been abused by family in business and
other ways .This is as a result of these
double wammy war illness VETERANS trying
over the years to overcome and cope ,by
giving more of themselves then they could
in order to find acceptance..Lucky are the few suffering and still living warriors
whos families understand their permanent
mind crushing stress disorder and treat
those vets with patience ,kindness,and
understanding....for most their world is harsh and cruel with out the above.The world
must show love and kindness,forgiveness and
patience to warriors with such severe
ongoing difficlties from war survice.

[Dave]

There is no fairness or equality in this nation any more. Our justice system is based on who you know and who goes to bat for you. I think it is great this country is at an end---it deserves it!

[Alan Kittrell]

It is very odd that a few soldiers that volunteered to join the military and get
large pay checks get special treatment.
When soldiers of my Era Viet Nam that were
drafted and got paid less than $200 per
month to fight in a war that was much more
dangerous and not support like this recent
skrimish. I have and many others of my generation have fought the VA since before
most of these new Vets were even born.To get our benifits and still fighting the VA.Yet these new vets go to the front of the line.
Lets get your priorities right.