PTSD Class Action Settled

The Sacramento Bee reports that a federal judge has approved a settlement which compels the Department of Defense to provide lifetime health care and post-exchange privileges to 2,100 veterans who have been medically discharged since 2002 with post-traumatic stress disorder.

The affected veterans had been discharged with disability ratings that were too low to entitle them to such benefits. The settlement provides lifetime disability retirement benefits to 1,029 veterans with PTSD who had been denied aid previously. An additional 1,066 will have their disability benefits increased. Another 2,200 potentially affected veterans did not opt in to the class-action lawsuit, though they might take individual legal action.

Under the recently approved class-action settlement, these veterans and their families will receive health care under TRICARE.

From December 2002 to October 2008, the military medically discharged about 4,300 soldiers, sailors, airmen and Marines with PTSD and disability ratings below 50 percent. The military services, veterans advocates charged in court, were "engaged in a transparent effort to purge their ranks" and cut costs.

Under congressional pressure in 2008, the Defense Department agreed to grant 50 percent disability ratings to those diagnosed with PTSD in the future. That policy change, though, came too late for some.

Separately, the Defense Department has created the Physical Disability Board of Review, which is empowered to revise the status of veterans who were medically discharged with less than 30 percent disability ratings from Sept. 11, 2001, through Dec. 31, 2009. While the class-action lawsuit was limited to PTSD cases, the special review board can examine any type of medical discharge.

Potentially, 74,374 medically discharged veterans are eligible to apply. So far, only about 3,200 have done so.