Benefits boost reviewed for thousands of vets
LAWSUIT CLAIMS MILITARY ACTED ILLEGALLY FOR SIX YEARS

By The Associated Press

Published: January 26, 2010

WASHINGTON — A military review could bring millions of dollars in benefits to thousands of Iraq and Afghanistan veterans discharged with post-traumatic stress disorder.

The military has agreed to review the records of recent veterans discharged with PTSD to decide whether they were improperly denied benefits.

The agreement stems from a judge’s order in a class action lawsuit filed by seven combat veterans. They alleged the military illegally denied benefits during a six-year period that ended Oct. 14, 2008.

Legal notices are being mailed to about 4,300 veterans informing them they can "opt-in” to the lawsuit until July 24 to be part of the expedited review. Attorneys for the veterans estimate that millions of dollars could be paid to veterans.

Former Army Sgt. Juan Perez, 36, of Owosso, Mich., said the development in the suit, filed in 2008 in the U.S. Court of Federal Claims, was a relief. Perez, a father of five who did two tours in Iraq, said he has migraine headaches and an eye problem related to a head injury suffered in Baghdad. He also has nightmares and takes medication for his mood related to PTSD.

PTSD is an anxiety disorder that can develop after a terrifying event in which the person was physically harmed or felt threatened. Symptoms can range from flashbacks to problem drinking.

At issue is the disability rating given by the military to veterans discharged with PTSD. Each of the seven plaintiffs was given a rating of 10 percent or less.

The law requires the military to assign a disability rating of at least 50 percent to those discharged for PTSD, said Bart Stichman, co-executive director the National Veterans Legal Services Program.

The higher rating ensures that the veteran receives lifelong monthly disability payments, free health care for the veteran and spouse, as well as health care for the veteran’s minor children.