Veterans with wrong PTSD rate need to opt in for lawsuit

Shelia over at Agent Orange Quilt of Tears sent this. Veterans need to pay attention to this so they finally get what they should have gotten all along! It is not a hand out! They earned it when they ended up wounded because of combat.

News Releases

http://www.lawyersservingwarriors.com/news_releases-10-0125.html


CLASS ACTION LAWSUIT TO YIELD BETTER BENEFITS FOR THOUSANDS OF
VETERANS SUFFERING FROM PTSD AND THEIR FAMILIES

Veterans must opt-in by July 24 for disability rating upgrade and expedited
review of benefits, NVLSP and Morgan Lewis available to counsel veterans on
their rights as class members

FOR IMMEDIATE RELEASE January 25, 2010

WASHINGTON-Following an order issued by the judge overseeing Sabo v. United
States, legal notices are being mailed this week to more than 4,300 veterans
who served in Operation Iraqi Freedom or Operation Enduring Freedom and were
diagnosed with post traumatic stress disorder (PTSD).

The court's notice invites them to join a class action lawsuit filed in
December 2008 in the U.S. Court of Federal Claims by signing and submitting
an "opt-in" form no later than July 24, 2010. Submitting this form will
allow these veterans to take advantage of a negotiated resolution that
guarantees an upgrade in the veteran's disability rating and an expedited
review by a military correction board to determine the full extent of the
rating improvement.

The lawsuit, filed on behalf of seven veterans by the non-profit National
Veterans Legal Services Program (NVLSP) and pro bono counsel Morgan Lewis &
Bockius LLP, alleges that between December 17, 2002 and October 14, 2008,
the military illegally denied benefits to an entire class of service members
who returned from Iraq and Afghanistan with PTSD and were discharged from
service.

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.

The disability ratings which are the subject of the lawsuit are critically
important to veterans with PTSD. A permanent disability rating of 30% or
more entitles a veteran to monthly disability benefits for the rest of the
veteran's life, to free health care for the veteran and his or her spouse
for life, and to free health care for their minor children.

"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, co-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."

Eligible veterans who join the suit will be entitled to 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-potentially millions of dollars in benefits over time.

"Even if the military board does not end up permanently raising a veteran's
PTSD disability rating, the veteran retains the right to ask the court to do
so," added Stichman. "In short, they cannot end up worse off by virtue of
joining the lawsuit and agreeing to a board review."

WHO CAN BE A CLASS MEMBER IN THIS CLASS ACTION LAWSUIT?
All individuals who (a) served on active duty in the U.S. Army, Navy, Marine
Corps, or Air Force, (b) were found by a Physical Evaluation Board to be
unfit for continued service due, at least in part, to the individual's PTSD,
(c) were assigned a disability rating for PTSD of less than 50%, and, as a
result, (d) were released, separated, retired, or discharged from active
duty after December 17, 2002, and prior to October 14, 2008 (regardless
whether such release, separation, retirement, or discharge resulted in the
individual's placement on the Temporary Disability Retirement List).

Veterans who do not receive the legal notice, but who believe they may
qualify as a class member in Sabo vs. United States, should go to
www.ptsdlawsuit.com to obtain information
about their rights in the lawsuit.

http://www.lawyersservingwarriors.com/news_releases-10-0125.html


Go to Web site: http://www.ptsdlawsuit.com/index.html

It only involves veterans who

(a) served on active duty in the U.S. Army, Navy, Marine Corps, or Air
Force, (b) were found by a Physical Evaluation Board to be unfit for
continued service due, at least in part, to the individual's PTSD, (c) were
assigned a disability rating for PTSD of less than 50%, and, as a result,
(d) were released, separated, retired, or discharged from active duty after
December 17, 2002, and prior to October 14, 2008 (regardless whether such
release, separation, retirement, or discharge resulted in the individual's
placement on the Temporary Disability Retirement List).

Key Facts Regarding Sabo, et al., v. United States

* On December 18, 2009, the United States Court of Federal Claims
ordered that a legal notice be sent to you and all other veterans of the
U.S. Armed Services who may be eligible to join the lawsuit known as Sabo,
et al. v. United States.
* The Sabo lawsuit was brought by seven veterans from the U.S. Army,
Navy, Marine Corps, and Air Force. The seven veterans were discharged from
military service as a result of a finding by a Physical Evaluation Board
("PEB") that they were unfit for continued active duty service due, at least
in part, to Post Traumatic Stress Disorder ("PTSD"), and were assigned a
disability rating for PTSD of less than 50%. You received the Court-approved
legal notice because government records indicate that you -- like the seven
veterans who filed the Sabo lawsuit --were discharged from the Armed
Services between December 17, 2002 and October 14, 2008, were found unfit
for continued active service due, at least in part, to PTSD, but were
assigned a disability rating for PTSD of less than 50%.
* The seven veterans in the Sabo lawsuit claim that the PEBs violated
their legal rights, as well as yours, by assigning a disability rating for
PTSD below 50%. The seven veterans have asked the Court to order the
military services to give them - and to give you if you join the lawsuit -
all of the military retirement benefits to which a veteran with at least a
50% PTSD rating would be entitled.
* The military services deny that they have done anything wrong, and
the Court has not yet decided that issue. For those who "opt-in" to the
class, the military services agreed to prioritize applications to the
records corrections boards requesting an increase of their PTSD ratings.
* The Court approved the legal notice that was sent to you and other
eligible veterans to inform you of your rights to either join or not join
this lawsuit, and what you would need to do to join this lawsuit, if that is
what you decide to do.
* Under the Rules of United States Court of Federal Claims, the Court
has allowed the lawsuit to be a class action on behalf of the following
individuals:

All individuals who (a) served on active duty in the U.S. Army, Navy, Marine
Corps, or Air Force, (b) were found by a Physical Evaluation Board to be
unfit for continued service due, at least in part, to the individual's PTSD,
(c) were assigned a disability rating for PTSD of less than 50%, and, as a
result, (d) were released, separated, retired, or discharged from active
duty after December 17, 2002, and prior to October 14, 2008 (regardless
whether such release, separation, retirement, or discharge resulted in the
individual's placement on the Temporary Disability Retirement List).

* If you fit this definition, you may choose to join (or "opt-in" to)
this lawsuit as a Class Member.
* Even though you may have a right to join this lawsuit, there is no
obligation to join and you do not lose any legal rights by declining to
join.
* The lawyers who represent the veterans in the Sabo lawsuit are not
charging the veterans a fee for their services. These lawyers have agreed
not to charge you or other class members a fee if you choose to join the
lawsuit.
* If you join this lawsuit, neither the Court nor a military records
correction board can reduce the PTSD rating(s) that the PEB assigned to you
absent fraud or unusual circumstances.
* The FAQs (Frequently Asked Questions) and Summary of Rights and
Options provide more detailed information regarding this lawsuit.