Veterans have filed a class action lawsuit has alleging the VA has been downplaying PTSD diagnoses and reducting VA impairment ratings:

A class action lawsuit has been filed against the federal government by five veterans of the wars in Iraq and Afghanistan. The soldiers allege that they were illegally denied disability benefits despite being diagnosed with severe cases of post-traumatic stress disorder (PTSD).

The soldiers were discharged by the Army after it determined that their damaged mental health left them unfit to serve. They were then assigned disability ratings well below the 50 percent figure needed to qualify for lifetime health care benefits. The complaint claims that the Army “systematically” ignored rules requiring that all servicemen diagnosed with PTSD receive an automatic 50 percent rating. In October, the Defense Department ordered the Army to stop deflating PTSD victims’ disability ratings.

The lawsuit asks the Army to award the soldiers the disability benefits they would have received, as well as unspecified damages.

I have personally heard stories from veterans, trying to get their Social Security disability benefits, of nurse practitioners downplaying PTSD diagnoses to reduce the benefits veterans are entitled to.  Shameful, shameful behavior.  

I am glad to see veterans standing up and demanding the government stop short changing them.  When we send our sons and daughters into harms way, giving them the highest quality medical care is the least we can do. 

via Veterans Sue Federal Government Over Lack of PTSD Disability Benefits | InjuryBoard Charlottesville .

A 100% impairment rating from the VA is usually terrific evidence in a Social Security disability case. While a VA rating is not binding on Social Security (Social Security does not have to agree with the VA that you are disabled), Social Security will often give strong deference to a 100% disability rating from the Department of Veteran Affairs.

However, that still does not make a case a slam dunk. A number of problems can arise which may cause Social Security to deny your case.

1. Lack of treatment. Social Security expects an individual to try to exercise a reasonable amount of self-help. That means getting regular ongoing medical treatment. Of course, some conditions may not be helped with on-going medical treatment (e.g. a loss of a limb), but others may.
2. Non-compliance with treatment. Social Security regulations allow a claim to be denied if the individual is non-compliant with treatment if that treatment is prescribed and estimated to restore functioning to the point that the individual is no longer disabled. In practice though, I see cases denied simply for failure to follow treatment. Note: there are exceptions that excuse non-compliance with treatment, such as inability to afford the treatment or medication.
3. Drug or alcohol abuse. This is one of the biggest obstacles to what otherwise might be a fairly clear cut case. Under Social Security regulations, if drug abuse or alcoholism is a material factor contributing to the disability, benefits can be denied.
4. Family or marital issues. If periods of symptom aggravation coincide with periods of trouble with a spouse or other family matters, it may be difficult for Social Security to separate whether the disabling symptoms come from the underlying impairment (which may allow for approving benefits) or from the situational issues (which may cause a denial of benefits).

None of these problems is necessarily insurmountable. But, the first step in resolving one of these issues is being able to identify it as a possible problem.

This is one of those instances when having an attorney objectively and impartially review your case may be extremely useful. What may seem like a minor matter or an easily explainable situation to you, may turn out to be a major hurdle in approving your case.

CT Blue talks about the often unspoken cost of war: veterans coming home with disabilities.

According to a new report from the Pentagaon “1 in 5 American servicemen and women who have been in Iraq are coming back with brain injuries.” The same report says that “17 percent of the soldiers returning to war could have a traumatic brain injury”.

A lot of vets who apply for veteran’s benefits also apply for social security disability. If the VA makes a finding that a vet is 100% disabled, that finding is not binding on social security.

Although the VA’s rating is not binding on Social Security, Social Security will often give significant deference to the VA rating, especially when the VA has assigned an 100% rating.

If you are in this position, hang in there. Even if Social Security does not automatically approve a claim where the individual has a 100% impairment rating from the VA, there is a very good chance that the claim will be eventually approved. However, that may mean that the individual may have to appeal and take the case in front of an Administrative Law Judge (ALJ).

Social Security disability claims with less than 100% VA disability rating are more like non-service related disability claims. That is, you have to obtain medical documentation of the diagnosis, signs and symptoms, and try to get a statement from a treating physician describing the workplace limitations caused by the disability.

Read the entire CT Blue post here.

photo credit: greefus groinks….