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In 2008 National Veterans Legal Services Program (NVLSP) discovered that the military departments were illegally shortchanging service members discharged for post-traumatic stress disorder (PTSD) after we noticed a pattern in individual cases of veterans who sought our assistance. A service member discharged for PTSD is entitled to a 50% or greater disability rating for the first six months following release from military service. This rating entitles service members to military medical retirement benefits that include: free health insurance for them, their spouses, and minor children; disability retirement payments; and other benefits of military retirement. If the disability rating is sustained -- or even drops to 30% -- in the routine evaluation process that determines a permanent rating, the service member will retain these military medical retirement benefits for life!

 

What NVLSP uncovered was that the military departments were generally rating these PTSD cases below 50% level with many assigned ratings below 30%.

 

On October 14, 2008 after pressure from NVLSP and other organizations, the Department of Defense ordered the military departments to assign a minimum PTSD rating of 50% from that date forward. But the military did not address their wrongful rating of thousands of veterans separated for PTSD prior to the October 14, 2008 directive.

 

In December 2008, NVLSP and pro bono partner Morgan, Lewis & Bockius LLP filed a class action lawsuit in the U.S. Court of Federal Claims on behalf of seven veterans who sought help from NVLSP and for other veterans in a similar situation. The lawsuit seeks an order requiring the military to reclassify every veteran discharged with PTSD since December 2002 to at least a 50% disability rating.

 

"For years, the law has required the military to assign a disability rating of at least 50% to all veterans discharged for PTSD.  This rating (above 30%) would give them the medical benefits they need.  And, in October 2008, the Department of Defense in fact ordered the military to assign a 50% rating for PTSD going forward," said Bart Stichman, Joint Executive Director of NVLSP.  "Yet, each of the seven named plaintiffs in our lawsuit received a rating of 10% or less.  We believe there are thousands more who were likewise shortchanged."

 

In September 2009, NVLSP and Morgan, Lewis & Bockius LLP won their case as a class action. The military departments have identified about 4,300 veterans who meet the criteria mentioned in the case. In January 2010, the Court mailed legal notices to these 4,300 veterans who served in Operation Iraqi Freedom or Operation Enduring Freedom and were diagnosed with PTSD. The court's notice invites them to join the class action lawsuit by signing and submitting an "opt-in" form no later than July 24, 2010.

 

As a result of the suit, the military has agreed to expedite a review of records to increase the disability ratings previously issued to all class members.  To help affected veterans navigate the process of seeking the benefits to which they are entitled, NVLSP and Morgan Lewis are bringing together approximately 100 volunteer lawyers to offer free counseling to all class members.

 

Eligible veterans who join the suit will be entitled to an expedited review of their disability rating, a correction of military records to show their rating for PTSD was at least 50% for the six-month period following the date of release from military service, as well as a determination of whether the new rating should be permanently increased, decreased, or remain the same.

 

After their rating is increased, class members may receive back pay of disability benefits, reimbursement for health care expenses the military should have covered, as well as future benefits to which they and their families are entitled. This very well could mean millions of dollars in benefits to these disabled veterans and their families.