Sabo et. al., v US (PTSD Class Action Case)

I emailed the NVLSP for an update on my case. Army gave 10% PTSD, 10% TBI, 20 total. VA 80% total %70 PTSD. In the e-mail I received a lawyer from the NVLSP said my application was "submitted to the PDBR July 20, 2010. I looked at your file and the board indicates that they have received your VA file, which indicates that they transferred your application from its intake unit at Randolph Air Force Base to where the board sits." He then said that the time frame the NVLSP was given from this point was 6-9 months. And I currently fall in between the "time period where [ I ] should expect to receive a decision." according to the e-mail I received. However, according to the e-mail, the board has been slowing down for some unknown reason with decisions. So the NVLSP filed two documents for us to speed up the process and stick to the original 6-9 month time frame we were given originally. You can view the documents under the 'documents' link at ptsdlawsuit.com.

Anyway, hopefully I can find out something soon. That would be great.

 
I understand the frustration that all of you are feeling, and those of you that are going through the PDBR for PTSD deserve every dime and every benefit that's coming to you. I do want to give you a little bit of perspective though from someone who isn't involved in the PTSD case, but is still trying to get medically retired.
I was med sep'd from the Navy in 2005 after 12 and a half years in for "lower back strain" according to my PEB. I started out at 10% from the VA, but after many, many claims, I'm up to 60%:
40% for degenerative disc disease
10% for degenerative joint disease in each knee
10% for radiculopathy in each leg
10% for partial paralysis of the sciatic nerve.
I have another claim pending with the VA.
I submitted my package to the intake unit on Mar 1, 2010. After a long delay because they couldn't get my records from the VA (took 6 requests), my package went up to Crystal City in Oct, 2010.
I called yesterday and talked to Victoria at the intake unit. She told me that, generally speaking, those cases that are not part of the PTSD lawsuit are taking a year, a year and a half to sometimes 2 years from the time they get to the board. She said they have give some priority to PTSD packages because of the time limit established with the lawsuit. Don't get me wrong, I'm not knocking you guys. I'm just saying, be patient, some of us might have alot longer to wait than others. I probably won't be seeing a decision until late 2011, early 2012 if I'm lucky. Considering I submitted my package in March of 2010, that's a long time to wait to hear about something that could have a serious affect on your life. Hang in there. My docket number is PD-2010-00296.

Sean CTI1 USN 1992-2005
 
Question I was injured in Iraq and am in the Sabo Class action. VA has me at 90 % and I was 40% Army PEB, 205 back, 10% Right shoulder, 10% PTSD. Just received DA Form 199 giving me 50 % PTSD, 20 % back, 10 % right shoulder. They are computing the TDRL pay from 40% to 60 %. I was medically retired under title 10 61 retiree short of 20 years active duty and under 60 years of age. Does that 60 % total carry into my retirement when I left the Army. Is that the new rating or is it just a temporary 50 % PTSD. I have not been examined since 2009 by a psyciatrist and still see the VA psychiatrist. No one can give me a straight answer.
 
I am a member in the lawsuit as well and i submitted my information in april of 2010 and was sent to the board in july i have been waiting over a year and its getting really hard to get by in these times. anyone who submitted theirs in the same time have a timeline i have to look forward to or somekind of response thank you
 
I called last week for an update (submitted my package in March 2010) and was told that it's in the initial review phase and that, from what they're seeing right now, it's taking about a year to 18 months from now. Not from when the package was initially submitted, but from the time I called. There's gotta be a better way of doing this.
 
I opted in to the lawsuit on October 2009....and all my paperwork is in Texas at the PDBR I call about twice a month and its always the same thing there working on your paperwork call back in a month and see if theres a change every time i call back its the same B.S. nothings changed it has been almost two years now and I have not gotten anywhere has anyone else been waiting as long as i have .............
 
The NVLSP reached a settlement with the US Government and ALL class member should be notified shortly. You can view the press release along with several other court documents published by the NVLSP which lay out the terms of the settlement ptsdlawsuit.com. In short however, anyone who was part of the suit should receive lifetime military retirement benefits. Financial payments and issues will be explained in depth by the NLVSP but as member of the suit myself, I encourage you all to read through the court documents and/or have an attorney help you read through them so that you understand exactly what is going on. Please pass this info on to others involved in this class and on other boards on this site.
 
I've read the order and have tried to figure out the schedule to determine the timeline. I understand just about everything except the "no sooner than 21 days" and the "no sooner than 30 days" statements. Sounds to me that these two statement put an indefinite period of time on the "final approval". If I add the times up, including at a minimum the 21 day and 30 day statements, I get 126 days THEN the government has 6 months to implement the order. So to me this sound like at a minimum it could be another 10 months before all of this is said and done. Am I reading this correctly? Because if that is the case.....well lets just say I would be sorely disappointed.

My case was submitted in July of 2009, got to the board in September of 2009 AND still hasn't been resolved. But I have seen cases here on this board that have gone in in March of 2010 and come out with positive results as early as 5 or 6 months. I've been trying to watch the results to garner an idea on how this system works but so far the "docket numbers" have had no meaning. There hasn't been any kind "system" that I can see to review and come to an conclusion in any kind of logical order of presidence (sp?)

My wife recently had an aneurysm and thank God she hasn't had any significant ill effects but the cost of the surgery, ICU stay, medication, MRI's MRA's, CAT scans, and follow up care is going to run, I suspect, over 100K. My insurance (GEHA) will pick up 85% until I pay out over 5k in out of pocket expenses THEN they will pick up the rest. I haven't started recieving bills yet from the docs but I suppect they will be coming soon. I have been so hoping that this whole lawsuit would be resolved before that and TriCare kicked in so that they would pick up the 5K portion. (They would be secondary insurance to GEHA). But I am so afraid that that is not going to happen. I've been told by the lawyers that because my case has been in the hopper for so long that as soon as the judge signs the final approval mine will be pretty close to the top. I'll believe that when my checking account increases by a significant amount.


I hope Mike or Jason or maybe a lawyer can shine some light on EXACTLY the meaning of the verbage and the schedule.

Thanks:cool:
 
l31186 said:
The NVLSP reached a settlement with the US Government and ALL class member should be notified shortly. You can view the press release along with several other court documents published by the NVLSP which lay out the terms of the settlement ptsdlawsuit.com. In short however, anyone who was part of the suit should receive lifetime military retirement benefits. Financial payments and issues will be explained in depth by the NLVSP but as member of the suit myself, I encourage you all to read through the court documents and/or have an attorney help you read through them so that you understand exactly what is going on. Please pass this info on to others involved in this class and on other boards on this site.
Click to expand...

This is not always true. If the VA rated the individual at less than 30% (even if incorrectly) the individual will get a 50% rating for 6 months followed by medical separation again. Even if the VA rating is later corrected to 30% plus (after the settlement goes into effect) effective the date of separation, they will not receive lifetime disability retierment from the military. It is a problem for Sabo members in such circumstances. See the CAT 5 members in the settlement, for example.

Mike
 
Hang in there everybody. The review boards that are handling all the cases are short staffed. You have to understand that about 4300 veterans opted in to receive the benefits that they rightly deserve. Which is the reason I started the class action suite. It takes time I waited almost three years to get mine. Just be patient. Also after you receive your retirement I encourage you to file for your CRSC. They do back pay for that as well. You might not get your retirement pay because of your va pay but you will recieve your CRSC pay. Good luck everybody.
 
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