|
|
|
MESSAGE BOARD>
Updated 01 February 2012
PDSD AND NEW RULES BY THE VA
James Roy Emmons
9 posts
Aug 30, 2009
4:17 PM
|
To all fellow Mars crew members,
The VA has changed the rule that would modify PTSD pay criteria, THIS IS NO JOKE. Go to www.regulations.gov and enter PTSD RIN 2900-AN32. Then grab your ASS and realize what the VA has done for the Sailors to make your CLAIMS easer to prove. If you are on line reading this bit of good news do not hurt your self, falling out of your chair.
I know -- what a supprise this was put out by VA Secretary Eric K. Shinseki. If for any reason that anybody has problems down loading the 6 page report contact ME AT:
jreemmons@gmail.com and give me a way to FAX it to you. THIS IS NO JOKE ----
James Emmons CS-2
USS Mars AFS-1 From 1969 to 1972
I AM now in SACRAMENTO CA
CELL: # (850) 910-2950
Still using my cell # from Flordia.
Hope this helps with your claims and I also met a Lawyer in Sac that only handles Veterans Appeals.
Free # (800) 368-8410
He is a Navy Veteran too
Well best of luck to everbody James
|
SK2-Stew68-70
12 posts
Feb 02, 2010
9:22 PM
|
PTSD Update 37: More than 4,300 Iraq and Afghanistan war veterans who were diagnosed in service as suffering from Post-Traumatic Stress Disorder, but got low military disability ratings, have won an agreement with the Department of Defense to upgrade those ratings retroactively to 50%.The higher rating will represent an important win for this group of veterans mentally scarred by war. It will mean, from date of discharge, eligibility for disability retirement and access to Tricare, the military’s triple health insurance option, for the veterans, spouses and dependent children. Any out-of-pocket medical costs since discharge also could be paid retroactively, and these soon-to-be-designated disabled “retirees” will gain access to discounted shopping and recreational services on base.
Sparking the agreement is a class action lawsuit brought by the National Veterans Legal Services Program (NVLSP) which contends that the services illegally denied retiree status and medical benefits for years to these veterans who were diagnosed with PTSD then separated as unfit for service. Service Physical Evaluation Boards (PEBs) would ignore the disability rating schedule used by the Department of Veterans Affairs, which requires a minimum 50%rating for PTSD victims, and routinely separate their members with ratings as low as 10%.
A board decision that keeps ratings below 30% lowers personnel costs. Instead of immediate annuity and lifetime Tricare coverage, veterans rated below 30% get only a lump sum severance pay. Judge George W. Miller of the U.S. Court of Federal Claims agreed to stay a final ruling in the case of Sabo, et al v. United States after Department of Defense agreed to cut a deal. Seven veterans were named as original plaintiffs in Sabo but the claims court expanded the scope of the lawsuit to a class action. Defense officials gave NVLSP the names of 4300 veterans who should be invited to apply to have their ratings reviewed and upgraded, but there could be more. Misty Sabo, wife of former Army Sgt. Michael Sabo, an original plaintiff, said she was “totally excited” to learn of the agreement this week. Five of their six children are disabled with bilateral cleft lip and palate, which creates hearing, dental and speech problems and requires multiple surgeries. Family medical bills, said Misty, are enormous. Michael Sabo, 31, had served in the Army more than a decade when he was diagnosed with PTSD after two tours in Iraq where he routinely went on patrols that exposed him to multiple explosions and live enemy fire.
After Sabo’s first 13-month tour in 2003-2004 he suffered recurring nightmares, severe headaches and mood swings. In the middle of his second tour, which again exposed him to explosions, mortar attacks and small arms fire, he returned home on emergency leave to care for his children while Misty underwent surgery. While home, in Fountain, Colo., near Fort Carson, Sabo nightmares, severe headaches and violent mood swings intensified and, the lawsuit contends, “severely impacted him and his family.” He sought medical help and was diagnosed with PTSD and Post-Concussive Syndrome. In FEB 08, the Army separated him as unfit with a 10% disability rating and a modest lump-sum severance. Misty said she was stunned that the Army rating was only 10% for a condition that ended his career and changed his life so dramatically. Though he is able to work, every day remains a struggle due to memory loss, headaches and nightmares. Misty said a doctor at Fort Carson finally prescribed proper medication for Michael after some terrible times. At the urging of a local advocate for veterans in Fort Carson area, Sabo agreed to have his name added to the NVLSP lawsuit being prepared. By OCT 08, under pressure from Congress, Department of Defense did revise its guidance to the services on rating PTSD to adhere to the VA rating schedule.
Meanwhile, Congress ordered Department of Defense to create a special board to review any service-generated disability ratings of 20% or less brought forth by veterans who were separated as medically unfit since Sept. 11, 2001.Thousands have applied to this panel, called the Physical Disability Board of Review. So why bring a class action lawsuit specifically on behalf service members separated for PTSD? Bart Stichman, co-executive director of NVLSP, said the deal with Department of Defense forced by the court will expedite the rating review process for these PTSD cases upon application, and will guarantee those 4300-plus veterans a rating upgrade to 50% for at least six months. After that, the case will be reviewed again and the disability rating confirmed, increased or reduced. A Class Action Opt-In Notice Form is being mailed to these veterans and must be returned either by fax or postmarked before 24 JUL 10. Veterans who don’t get a notice by mail but believe they might be eligible can get more information online at: www.ptsdlawsuit.com. The deal will not benefit tens of thousands of veterans diagnosed with PTSD over the last 30 years, only those discharged with a rating for PTSD of less than 50% after 17 DEC 02 and before 14 OCT 08. As the dates indicate, the deal doesn’t include even all PTSD veterans discharged since Sept. 11, 2001. That’s because the lawsuit was brought under the Tucker Act, which has a six-year statute of limitation from the date a complaint is filed against the government, which was in December 2008. [Source: Mil.com Tom Philpott article 30 Jan 2010 ++]
----------
SK2(Stew)Ken Stewart
Hold Capt. Cargo Hold 5
Dec 68-May 70
|
|
|
