Veterans File Suit
National News
by
Tracie Potts
last edited on
Monday, January 25, 2010
The government could soon give millions of dollars to men and women who suffered post-traumatic stress disorder in Iraq and Afghanistan. But there's a deadline to claim the money.
Notices went to out to eligible veterans Monday. Vets had filed a lawsuit, but a federal judge has put that lawsuit on hold for a year to allow the military to quickly review each case, and give these veterans what their lawyers say they deserve.
"I fought for my country abroad, now I'm fighting a different battle here at home," said Tyler Einarson, a veteran and plaintiff in the lawsuit.
Einerson was shot in the arm and chest tracking a Taliban operative in the mountains of Afghanistan. The Marines discharged him with post-traumatic stress disorder but with a rating too low to qualify for benefits. He and six others sued and the military's agreed to review 4,300 cases.
"There's little doubt that the military will be forced to rectify it's unlawful denial of disability retirement benefits," said Bart Stichman of the National Veterans Legal Services Program.
Veterans' attorneys say the law requires a 50 percent disability rating for PTSD. Thirty percent is needed to get benefits. But thousands of soldiers got less.
"We ought to at all times be doubly-certain that our veterans at least get the minimum to which they are entitled, and it is inexcusable not to provide our veterans that minimum," said plaintiff's attorney Jim Kelley.
Tyler stands to gain $24,000 in back payments, plus $1,100 a month and free health care for himself and his family.
"I have a child on the way, it sure would help," said Einarson.
To claim those benefits, veterans have to "opt in" by July 24. "Opting in" puts veterans at the head of the line for reviews, but it doesn't guarantee benefits.
No comment from the Defense Department, but since October 2008, the Pentagon has mandated the 50 percent rating for vets with PTSD.