Persons Who Served On Active Duty In The Army, Navy, Marine Corps Or Air Force Who Were Found To Be Unfit Due To Post Traumatic Stress Disorder PTSD And Assigned A Disability Rating Less Than 50% And Have Been Released, Discharged, Separated Or Retired Reach Settlement With United States Government Over Disability Retirement Benefits.
A class action settlement has been reached in a class action lawsuit against the United States Government in the United States Court of Federal Claims (styled Michael Sabo, Nicholas Wells, Jan Perez, Alan Pitts, Billy J. Talley, Aimee Sherrod an Tyler Einarson v. United States of America, Case No. 08-899 C), alleging, among other things, that various military services failed to assign a 50 percent disability rating to persons discharged for Post Traumatic Stress Disorder (“PTSD”) which rating is alleged required to be eligible for veteran’s lifetime disability retirement benefits, according to the Joint Motion for Preliminary Approval of Class Action Settlement Agreement in the Veteran’s Post Traumatic Stress Disorder PTSD Lifetime Disability Retirement Benefit class action lawsuit.
The Veteran’s Post Traumatic Stress Disorder PTSD Lifetime Disability Retirement Benefit class action lawsuit reportedly involved the following certified class of persons:
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 Post Traumatic Stress Disorder (“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 of whether such release, separation, retirement, or discharge resulted in the individual’s placement on the Temporary Disability Retirement List).
The Veteran’s Post Traumatic Stress Disorder PTSD Lifetime Disability Retirement Benefit class action settlement will reportedly divide the class members into nine discrete categories. Depending upon the applicable category, each class member will receive various forms of relief. Each class member, regardless of the category they are placed in, will also have their military records changed (if necessary) to reflect that they were placed on the Temporary Disability Retirement List (“TDRL”) and assigned a disability rating for PTSD of 50% effective for the first six-month period beginning on the date the member was released from active service.
If You Have Thoughts On The Veteran’s Post Traumatic Stress Disorder PTSD Lifetime Disability Retirement Benefit Class Action Settlement, Share Your Class Action Settlement Comments Below.
I was wondering if i can qualify for this PTSD lifetime disability. I was released on Honorable conditions but i felt that they wanted to release me due to my illness of PTSD, i was never appointed to see a career planner or guidance to continue in the service like many other Marines were. Now that i have read this article makes me think to many reasons why i was released without even considering me to stay in when i was always a good marine and did 3 tours in Iraq in my first term.
Bank of america promised to modify our mortgage into fixing our interest and lower our payment. Some employees that we talked to on the phone even gave us the interest and the payment qoute, they sent all the paperworks on hold for months, couldn’t get through, couldn’t get through ANYONE after. Then said paperworks are expired three times the same reason. Then after a long period of waiting, they told us we couldn’t be approved. They put all the interest and charges into our loan that we couldn’t afford AT ALL. PLEASE help, we need to be in the action lawsuit.
-Donald Luster & Nida Luster