JUDGE APPROVES NVLSP’S HISTORIC CLASS
ACTION SETTLEMENT VICTORY FOR IRAQ & AFGHANISTAN VETERANS WITH PTSD
Lifetime Health Benefits or Increased PTSD Disability Rating Awarded
for Thousands
FOR IMMEDIATE RELEASE – January 5, 2012
WASHINGTON – The National Veterans Legal Services Program (NVLSP)
announces that Judge George W. Miller at the U.S. Court of Federal
Claims gave approval on December 22, 2011 to a historic settlement
victory for disabled veterans who served in Iraq and Afghanistan.
The settlement obtained by NVLSP and pro
bono co-counsel Morgan, Lewis & Bockius LLP in the class action lawsuit Sabo
v. United States will
benefit thousands of veterans who were medically discharged due to
post-traumatic stress disorder (PTSD) between 2003 and 2008, but were
denied the benefits to which they were legally entitled.
“These veterans served our country in time of war, but have waited 3 to
8 years to receive the disability benefits which they’ve earned for
their service,” said Bart Stichman, co-executive director of NVLSP,
which filed the class action lawsuit in 2008 along with Morgan Lewis.
“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,” said Jim Kelley, lead partner for the
team at Morgan Lewis.
As a result of the class action and the settlement that, in July 2011,
NVLSP and the government jointly asked the U.S. Court of Federal Claims
to give approval to, the U.S. military agreed to pay lifetime disability
retirement benefits to 1,029 veterans with PTSD who were denied these
benefits upon discharge from the military following wartime service in
Iraq or Afghanistan. This part of the agreement is a direct response to
the allegation in NVLSP’s 2008 lawsuit that the military services
violated the law by failing to assign a 50% disability rating to those
discharged for PTSD – a disability rating that entitles the veteran to
disability retirement benefits. To remedy these violations, these
veterans will receive through the settlement:
Entitlement to lifetime military
disability retirement payments (which may result in the veteran
receiving monthly payments from the military above what the veteran is
receiving from the VA) 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 also stipulates that an
additional 66 veterans who are class members will receive these same
disability retirement benefits if they apply to the VA for disability
benefits for PTSD and receive a VA disability rating of 30% or more.
Additionally, the military agreed to
increase the PTSD disability rating of another 1,066 OIF/OEF veterans.
These veterans were given disability retirement benefits upon discharge,
but were wrongfully denied a 50% disability rating for PTSD. The
disability rating increases required by the settlement may qualify these
veterans for thousands of dollars in back pay spanning several years.
The settlement agreement was jointly filed by the military departments
and NVLSP in July 2011. Under the rules that apply to settlements of
class actions, all class members were notified of the settlement and
given an opportunity to object. Ninety-six percent of class members who
responded, were in favor of the settlement. On December 22, 2011, the
U.S. Court of Federal Claims granted approval to the settlement.
In his order, Judge Miller noted,
“Throughout the litigation and settlement processes, counsel for both
parties have demonstrated themselves to be zealous, dedicated, and
thorough. Indeed, this Court has previously noted that, in this matter,
“the parties have been ably represented by counsel, who, in the opinion
of the Court, have represented their clients zealously, creatively, and
with civility.”
The settlement agreement will be
substantively implemented within six months. At the fairness hearing
held on December 12, 2011, the parties stated that preliminary steps had
already been taken to implement the settlement. The Court
will retain jurisdiction over the claims in order to address any issues
that may arise regarding the settlement’s implementation.
“This is a happy ending to a sad chapter of military mistreatment of
those who served our country in time of war,” said Stichman. “The
veterans covered by this agreement were exposed to highly traumatic
events during deployment, only to return home and be shortchanged on
benefits after the military found they suffered from PTSD that was so
severe that they needed to be discharged,” said Stichman.
“For the veterans impacted by the settlement with young families,
getting healthcare benefits will make a huge difference in their daily
lives,” said Stichman. “For those drowning in family medical bills
incurred during the 3-8 years they waited for their benefits, the
settlement offers reimbursement. Many of them will likely be awarded
hundreds of additional dollars every month in combat related special
compensation. They will be able to shop at military commissaries and get
other benefits that help their families. The settlement is a huge
victory for veterans and their families.”
The judge’s order granting final approval
is available on www.ptsdlawsuit.com.
SNAPSHOTS OF VETERANS IMPACTED: WHAT THE SETTLEMENT WILL MEAN FOR
THEIR LIVES
Aimee Sherrod, Air Force (Jackson, Tenn.)
Air Force veteran Aimee Sherrod served three deployments from 2001-2005,
with service in both Iraq and Pakistan. She saw the horrors of war
firsthand. She was subsequently diagnosed with PTSD and separated from
the military without the benefits to which she was entitled.
Under the settlement, she and her husband
will receive healthcare benefits for life and their children will
receive healthcare benefits until age 18 or longer. She is entitled to
reimbursement of health expenses incurred for herself and her family
from 2005 to 2011, eligible to apply for combat-related special
compensation, can participate in the Survivor Benefit Plan, and can use
the military commissary and post exchange. Two years after her
discharge, Sherrod was one of seven named plaintiffs filing the class
action lawsuit, Sabo v. United States, on behalf of thousands of
veterans with PTSD who were illegally shortchanged on their benefits.
Timothy Martin, Army (Sparta, Tenn.)
Veteran Timothy Martin served in the Army for 9 years. In his role as a
Bradley gunner in Iraq, Martin was in multiple firefights and his
vehicle was struck by improvised explosive devices. He was told he could
no longer serve in the military due to his PTSD, but was separated from
the military without retirement benefits and a low disability rating,
well below what the law stipulated. Martin is a single father with two
children. “My family struggles to make ends meet,” said Martin in a
sworn declaration filed with the court.
Under the settlement, Martin and his children will receive healthcare
benefits through TriCare. He is also eligible for monthly disability
benefits, entitled to reimbursement for health expenses incurred for his
family since 2006, eligible to apply for combat-related special
compensation, can participate in the Survivor Benefit Plan, and can
access the military commissary and post exchange.
Anthony Koller, Army (Little Elm, Texas)
Army veteran Anthony Koller served in Iraq for 14 months, where he was
part of 300 missions and witnessed several traumatic events. His squad
was ambushed in Fallujah in 2005 and he witnessed the death of one of
his friends. Due to his PTSD diagnosis, Koller was separated from the
military in 2006 with a low disability rating for PTSD and without the
benefits to which he was entitled. He is now attending college to learn
a new trade. Koller has a wife and three children under age 5, including
a newborn baby. Due to strained finances, the family went without any
health care coverage from June-September 2010. His wife and daughter
were in a car accident that cost thousands of dollars in medical bills.
“TriCare and the benefits of permanent disability retirement would help
my family tremendously right now as we live on a month-to-month basis.
Healthcare for my family as well as the opportunity to apply for
Combat-Related Special Compensation are both benefits we need,” said
Koller in a declaration intended for the court. Under the settlement,
Koller’s wife and children will receive healthcare benefits under
TriCare. He is eligible for monthly disability benefits and will be able
to apply for Combat-Related Special Compensation. The family can apply
for their thousands of dollars in medical bills to be reimbursed. They
will also be eligible for post exchange and commissary privileges, as
well as the survivor benefit plan.
PRESS/MEDIA INTERVIEW REQUESTS
Press and media interview requests should be directed to Ami Neiberger-Miller
- ami@steppingstonellc.com.
ABOUT NVLSP
The National Veterans Legal Services Program (NVLSP) is an independent,
nonprofit veterans’ service organization that has served active duty
military personnel and veterans since 1980. NVLSP strives to ensure that
our nation honors its commitment to its 25 million veterans and active
duty personnel by providing them the federal benefits they have earned
through their service to our country. NVSLP offers training for
attorneys and other advocates, connects veterans and active duty
personnel with pro bono legal help, publishes the nation’s definitive
guide on veterans’ benefits, and represents and litigates for veterans
and their families before the VA, military discharge review agencies,
and federal courts. For more information go to www.nvlsp.org.
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Media contact: Ami Neiberger-Miller,
ami@steppingstonellc.com
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