Military benefits for veterans diagnosed with PTSD

Our military veterans are one of the largest groups of individuals who are diagnosed with post traumatic stress disorder every year. With two on-going conflicts in the Middle East and soldiers serving multiple deployments into war zones, the number of veterans being diagnosed with the disorder continues to rise. The military, however, has been under intense scrutiny because of its failure to provide veterans with a fitting disability rating when they are diagnosed with post traumatic stress disorder. A class action lawsuit was even filed in United States Federal Court in order to help get the veterans the benefits that they deserve. In the past two weeks the military finally recognized the gap between the disability ratings and the severity of the disorder.

The original case stemmed from the fact that federal law requires the military to give any soldier whose post traumatic stress disorder is severe enough to warrant a discharge a disability rating of at least fifty percent. This rating cut-off is very important because it signifies the point at which the soldier is entitled to receive lifetime medical treatment for himself and his family, as well as monthly retirement benefits if the rating is combat related. The lawsuit contended that as many as 4300 veterans were assessed at a disability rating of less than fifty percent between December 17, 2002 and October 14, 2008. All of these veterans were diagnosed with post traumatic stress disorder and the seven lawsuit plaintiffs were given rating of ten percent for the disorder. The military contended that the “fifty percent” rule, as outlined by federal law, was flexible and it was not bound by the law.

Recognizing the damaging effects of post traumatic stress disorder and how often veterans are unable to continue serving in the military due to the damaging symptoms, the Department of Defense drafted a memo in October 2008 advising adjudicators to automatically give a fifty percent rating for the disorder to veterans going through the medical retirement process. The lawsuit was filed after this memo because the veterans, previously rated lower for their post traumatic stress disorder, were left without recourse, as they did not fall under the new guidelines. The government reached a tentative agreement with the plaintiffs, stating that any soldier rated less than fifty percent between December 17, 2002 and October 14, 2008 will automatically receive a rating of fifty percent for six months. The cases will then be forwarded for a priority review, while the veterans receive back pay for their disorder. In turn, the plaintiffs have agreed to drop the lawsuit if the military complies with the agreement for at least a year.

Veterans who want to be included in the lawsuit and have their cases reviewed have the opportunity to opt-in. The court sent a letter to the 4300 veterans, inviting them to join the lawsuit. In order to receive any of the benefits, they must join the other plaintiffs by July 24, 2010. Additionally, even if the post traumatic stress disorder did not arise from combat situations, their cases may still come under review and the veterans will get their benefits. To join the lawsuit or to find out if you may be eligible for the benefits sought under the suit, please visit www.ptsdlawsuit.com