Iraq veteran forced to sue Bank of America and Aetna for PTSD

War or Not, Vet Says He Suffered
By NICK MCCANN

PORTLAND, Ore. (CN) - An Iraq war veteran claims that Bank of America and Aetna cannot use the "acts of war" exclusion to deny coverage for post-traumatic stress disorder, because the United States was not technically at war during his second tour of duty.

Jerico McCoy sued Aetna, Bank of America and Bank of America Group Benefits Program, in Federal Court.

McCoy, an Army veteran, says he worked for Bank of America as a personal banker in Virginia Beach, Va., for almost 6 years, taking military leave in 2008 and 2009, until he had to resign in 2011 to treat his post-traumatic stress disorder.

McCoy says he applied for short-term disability benefits to treat symptoms of "depression, anxiety, nightmares, flashbacks, chronic fatigue, insomnia, irritability, short-term memory loss, and hyperarousal," classic symptoms of PTSD.

McCoy says the doctor who diagnosed him suggested he take 12 weeks of medical leave, which McCoy received from his supervisor. He told Bank of American and his insurer, Aetna, that his disability claim would start on Nov. 23, 2010, the complaint states.

By McCoy says his disability claim was denied in December, on a plan exclusion "that benefits are not paid for a disability resulting from acts of war."
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