[Vision2020] It's About EFFING Time!

Tom Hansen thansen at moscow.com
Mon Jan 25 14:05:44 PST 2010


Courtesy of the Army Times at:

http://www.ArmyTimes.com

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Thousands of vets could get benefits upgrade
By Kimberly Hefling - The Associated Press

WASHINGTON — The military has agreed to expedite a review the records of
thousands of Iraq and Afghanistan veterans discharged with post-traumatic
stress disorder to determine whether they were improperly denied benefits.

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.

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 affected the veterans, the National Veterans Legal Services
Program and Morgan Lewis & Bockius LLP law firm have coordinated about 100
volunteer lawyers to offer free counseling.

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For the sake of "cost effectiveness" many army psychiatrists were
instructed to diagnose those soldiers with PTSD as being victims of a
lesser, temporary disorder.  Thus denying discharged soldiers their
rightful access to life-time medical benefits and disability compensation.

Perhaps now these permanently disabled veterans will receive the benefits
and medical resources to which they should have been initially entitled.

And to think that George Bush (Jr.) wanted to privatize veterans health
insurance.  Scary!

FYI:  A service-connected disablity rating of 10% or lower is temporary
and requires re-evaluation every 90 days at a VA hospital.  Cute, huh?

Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho

"The Pessimist complains about the wind, the Optimist expects it to change
and the Realist adjusts his sails."

- Unknown




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