Judge grants hearing for Officer's PTSD benefits

Former Lake County Sheriff's Officer Guy Mikulich granted hearing for disability benefits for PTSD

NWI News
Anna Ortiz
November 16, 2018

He said he reported his issues with post-traumatic stress disorder, alcohol abuse, sleeplessness, paranoia and memory loss to the department's psychologist before the incident.

The Lake Superior Court has agreed former Lake County Sheriff's Officer Guy Mikulich can have an evidentiary hearing regarding disability benefits he has applied for.

Following a more than two-year legal battle between Mikulich and the Lake County Sheriff's Department, Mikulich alleges the board wrongfully denied him disability benefits for post-traumatic stress disorder he said he developed during his 16-year career in the department.

Mikulich filed three separate disability benefit applications with the Lake County Sheriff's Department, a court order document states, and each application was denied.

Following the board's denials, Mikulich filed a complaint for administrative review asserting that he is entitled to a judicial review. Mikulich alleges that his due process rights were violated by the Sheriff's Merit Board and its attorney by not allowing him a hearing to present evidence before the board, the court document states.
read more here

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.

Percentage of veterans with mental health problems jumps dramatically

This is stunning! Not that the numbers have increased this high, but that the VA still to this day does not understand it! That's the most stunning part of all.

The pamphlet I always refer to (over on the side bar of this blog) states clearly that most veterans will not seek help, realize they have a problem needing to be addressed until a year after they came home. This was about information known in 1978. For Heaven's sake will these people ever get it?

It has nothing to do with support or lack of support for the campaign itself. The troops are supported by the American public. This is clear and in direct response to the deplorable mistakes we made with the Vietnam veterans. The other known factor is the redeployments, which according to the Army's study, increases the risk of PTSD by 50%. Then you have the fact of the rate of traumatic events in Iraq and now being repeated in Afghanistan.

Think of it this way. I have no degree in mental health. I've just been paying attention for longer than most others have. If I could figure out in 2001 the number of Vietnam veterans needing help would increase after 9-11, they should have been able to as well. The trauma of 9-11 caused a secondary stressor to the extreme for Vietnam veterans to the point where even if they didn't understand what PTSD was, they would not be able to deny they needed help. They knew the flashbacks and nightmares were all about Vietnam so they sought help. The Internet played a role in all of this as well as more and more reports about PTSD came out. This was only the beginning of what I saw coming. After Afghanistan was invaded followed by Iraq, it was obvious that the numbers would mimic what we saw after Vietnam. Then came the Army study about redeployments and it was not that hard to figure out what the numbers would be. This is no surprise. Within the next two years were going to be seeing a million new veterans needing help with PTSD, that is if too many more don't commit suicide before the VA helps them.

I have a feeling we're very close to seeing those numbers sooner instead of later because of how little has been done to treat it right after they're involved in the events that will change their lives.

Percentage of veterans with mental health problems jumps dramatically
1:00 PM, July 16, 2009
Jia-Rui Chong

About 37% of veterans returning from Iraq and Afghanistan have mental health problems, a nearly 50% increase from the last time the prevalence was calculated, according to a new study published today analyzing national Department of Veterans Affairs data.

The study, which examined the records of about 289,000 veterans who sought care at the VA between 2002 and 2008, also found higher rates of post-traumatic stress disorder and depression.

“What’s really striking is the dramatic acceleration in mental health diagnoses, particularly PTSD, after the beginning of the conflict in Iraq,” said the study’s lead author, Dr. Karen Seal, a staff physician at the San Francisco VA Medical Center and an assistant professor at UC San Francisco.

The researchers said they could not pinpoint the exact causes of the increase, but suggested: “Waning public support and lower morale among troops may predispose returning veterans to mental health problems, as occurred during the Vietnam era.”
click link for more

Now think of this,,,,

Post-traumatic stress disorder, also known as PTSD (P-T-S-D), is an acquired mental condition that manifests itself following a psychologically distressing event outside the range of normal human experience. This disorder presumes that the person experienced a traumatic event or events involving actual or threatened death or injury to themselves or others, such as violence, abuse, or during a war.
Post-traumatic stress disorder

Fort Carson:"I am under a lot of pressure to not diagnose PTSD"

For me, listening to this, there is little doubt it's true. After all, why wouldn't the VA and the DOD want to know what really works to help these men and women heal? Why wouldn't they do everything possible to treat them early and stop it before it gets so bad they can no longer live a "normal" life? Because if they admit the soldier has PTSD, then they will have to pay for that soldier's life for the rest of his life, that is, if they admit it. If they deny it, then they don't have to treat them now, or later. They won't have to do anything more than just deny the wound is a wound.

Tonight, between the post I just did on the funeral home leaving veterans bodies to just rot instead of taking care of them while they wait for burial at Arlington National Cemetery, plus this, I can't think of another night as horrible as this has been. All I can think about is one of my friends and what happened to her. Claim denied and she fought for years to have it honored fully, but also fought for all other veterans. Capt. Agnes "Irish" Bresnahan died March 11th in Washington DC after another hearing on her claim. She had Agent Orange illnesses and PTSD. Her family wants her buried at Arlington National Cemetery. Add this to this report of the denial of PTSD claims, the deaths of our veterans because they lost hope, the devastation of families left behind, the hundreds of thousands still fighting to have their claims honored and then think about the ones still serving, too many facing the same kind of punishment for being wounded and you may come close to understanding exactly how much crap is going on behind their backs.

"I am under a lot of pressure to not diagnose PTSD"
A secret recording reveals the Army may be pushing its medical staff not to diagnose post-traumatic stress disorder. The Army and Senate have ignored the implications.
Editor's note: Last June, during a medical appointment, a patient named "Sgt. X" recorded an Army psychologist at Fort Carson, Colo., saying that he was under pressure not to diagnose combat veterans with post-traumatic stress disorder.
Listen to a segment of the tape here.
By Michael de Yoanna and Mark Benjamin
April 8, 2009 FORT CARSON, Colo. -- "Sgt. X" is built like the Bradley Fighting Vehicle he rode in while in Iraq. He's as bulky, brawny and seemingly impervious as a tank.

In an interview in the high-rise offices of his Denver attorneys, however, symptoms of the damaged brain inside that tough exterior begin to appear. Sgt. X's eyes go suddenly blank, shifting to refocus oddly on a wall. He pauses mid-sentence, struggling for simple words. His hands occasionally tremble and spasm.

For more than a year he's been seeking treatment at Fort Carson for a brain injury and post-traumatic stress disorder, the signature injuries of the Iraq war. Sgt. X is also suffering through the Army's confusing disability payment system, handled by something called a medical evaluation board. The process of negotiating the system has been made harder by his war-damaged memory. Sgt. X's wife has to go with him to doctor's appointments so he'll remember what the doctor tells him.
go here for more
http://www.salon.com/news/special/coming_home/2009/04/08/tape/

If you are aware of a soldier who has served or is serving in the Iraq or Afghanistan conflicts and is having trouble getting a PTSD diagnosis or proper benefits, please contact Mark Benjamin at mbenjamin@salon.com.