February 9, 2010

Iraq and Afghanistan Veterans, Do you have PTSD? You May Be Entitled To Benefit Upgrades

South Carolina injured Veterans need to know that the Associated Press reported on January 25, 2010, that the military is going to open a review of post-traumatic stress disorder (PTSD) cases due to veteran claims that they were denied benefits. The military has requested that the records of veterans discharged with PTSD be expedited and placed under review, after a case was filed by seven veterans who allege that the military denied them benefits after being discharged with the disorder. The veterans that are capable of having their records reviewed would have been discharged for PTSD in a six year period, ending in October of 2008.

The military is required to rate veterans that are discharged on a rating scale to determine the benefits and medical reimbursement they will receive. The seven PTSD discharge veterans who originated the case received a rating of 10 percent or less. This violates the law because the law requires the military to give veterans discharged for PTSD a rating of 50 percent or greater. The higher rating grants veterans lifelong disability payments and free health care for the veteran and their family.

Veterans that were discharged during this six year period are urged to request the review of their records, because the military could be held liable to pay veterans millions and hundreds of more dollars in monthly benefits. Legal notices have been sent out to veterans, around 4,300 to be exact, letting them know they can join the lawsuit until July 24, 2010.

“I’m glad that they are finally moving forward and reevaluating the soldiers that need to be reevaluated and doing the right thing. It’s been kind of a struggle not only for myself but a lot of individuals that didn’t get what they were supposed to get in the first place,” Army Sergeant Juan Perez, 36, told the press when describing his hardships as a result of PTSD.

Source: CBS News- “Vets With PTSD Could Get Benefits Upgrade.” January 25, 2010.

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December 10, 2009

Employer Blamed for Exec’s Car Accident

A California appeals court has ruled that an employer may be liable for personal injuries stemming from an executive’s car crash. The crash occurred when the Executive was returning home from a business conference.

Marc Brandon, the vice president of anti-piracy Internet operations for Warner Brothers Entertainment, attended a three-day business conference in Sunnydale, CA. The event was sponsored by one of Warner’s anti-piracy vendors. Warner Brothers had approved the trip and paid for Brandon’s airfare, hotel and airport parking.

After the trip, Brandon drove home from the airport and was involved in an accident with another car. The wreck injured three pedestrians, one of whom later died from his injuries.

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