Judge rules veterans with PTSD can move forward with lawsuit over VA benefits

[TomSea]

Judge rules veterans with PTSD can move forward with lawsuit over VA benefits
BY JOHN BOWDEN - 11/16/18 01:50 PM EST

A federal judge in Connecticut ruled Thursday in favor of thousands of veterans seeking to sue the federal government alleging they were discharged due to infractions related to untreated mental illnesses and denied Veterans Affairs benefits as a result.

The Associated Press reports that Senior U.S. District Judge Charles Haight Jr. ruled Thursday that the veterans, who were given less-than-honorable discharges after service in Iraq and Afghanistan, could move forward with a lawsuit against Navy Secretary Richard Spencer.

The less-than-honorable discharges, the veterans allege, made it harder for veterans who were discharged to receive care for their mental illnesses developed as a result of their service in America's wars.

Read more at: https://thehill.com/regulation/court-battles/417157-judge-rules-veterans-with-ptsd-can-move-forward-with-lawsuit

[montanajoe]

There is always that line between if/if not causation.  I think the young guys should not have the burden of proof, but if they can, by the preponderance of the evidence in their case show that they were were harmed, then the VA should present evidence to refute that.

I think in the past it has been a given that when one serves in the military and potentially in conflict that "emotional" injury was a possible outcome just as physical injury and death.

Honestly, I'm skeptical of claims such as this, but I believe it is encumbant on the military in today's world to clearly present the broad range of the risks of service and its up to the VA to care for those who knowingly have accepted those risks for life..

[sneakypete]

Sounds like my ex is going to be coming into some money.  She joined the Navy a year or so after I gave her the boot,and she is crazier than a rabid rat. Got out after 4 years,so she has a BUNCH of back pay coming if she gets word of this and remembers.

BTW,she is not alone. A cousin of hers joined the Navy too,and when she went to the VA after getting out,they gave her 10 percent for PTSD. Since she was never on a boat or within a thousand miles of combat,I have no idea what it is based on,but she is getting it.

Actually,that is a lie. I KNOW what it is based on. It is based on the shrinks that work for the VA building a empire. Since there are no cures,they have lifetime employment. They even gave me PTSD benefits maybe 15 years after I got out,and I never wanted them or asked for them. In FACT,I told them it was a bogus finding and to remove that from my records since I have never claimed I have PTSD or filed a claim for PTSD benefits.  In FACT,I refused to even so see their shrink and told them the reason why was because I never had a single nighmare about my time in service or in VN.

Since I was already at 100 percent anyway,I had nothing to gain from being added to their list and it was easy for me to do.

PLEASE don't misunderstand me. I do know this is a very real living nightmare for a SMALL PERCENTAGE of veterans,and even personally know two whose lives have been a living hell because of it. Both were senior NCO's when their corks "popped",and it ruined their lives.

My problem is giving anybody in uniform a PTSD rating to justify hiring shrinks. I worked with a guy in the post office that had a 30 percent VA disability rating based on "VN" and he told me himself the closest he ever got to VN was Germany. He was a telephone repairman there in the army,and had a nervous breakdown because a lot of the guys in his company where getting sent to VN,and he was afraid he was going to go,too. IMHO,it took stones for him to admit to something like that,so I have no resentments to him at all. In fact,he and I are still friends.

[montanajoe]

Pete I agree, many are riding the VA and taking advantage of the shrinks, but as you noted many, and in my experience most folks  just dont speak up and they deserve help and dont get it in today's system...

I'd say 80-90% of the claims are legitimate, its to bad that 10 or 20% are probably bogus, I think the legitimate claims need to be taken care of. Don't know about you but of the guys in my platoon would only trust about 30 of them..don't think its much different after all these years..

[sneakypete]

 Don't know about you but of the guys in my platoon would only trust about 30 of them..don't think its much different after all these years..

@montanajoe

I can't think of one single guy I ran missions with or knew who ran missions out of my FOB that I couldn't or wouldn't trust with my life. I am not going to get into the personal details of the two senior NCO's I knew that came down with PTSD because that is a part of THEIR personal lives,not mine. One got out of the army as a MSG with a couple of Silver Stars with 18 years or service. He could have served another 2 years without ever going back to VN,but he just couldn't bring himself to do it. Got out of the army with no retirement and joined a anti-war group.

EVERYBODY in my unit kept loaded CAR-15's and other similar weapons hanging on the walls in their hootches,and AFAIK,EVERYBODY was walking around with a loaded handgun stuck in their belt and covered by their jungle fatigues,and there was never a single incident of anyone trying to kill anyone else that I know of,or even heard of.

[montanajoe]

@sneakypete

Sent you a PM