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PTSD negligence.


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#1 randy28

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Posted 30 December 2012 - 12:15 PM

i sereved in the army from 2006-2009. when i came back i had trouble sleeping, drinking, anger and depression. the unit i was with discharge me because of this reason and diden't help me to get proper medical treatment. begining of this year i had to be hospitalized because of this problems. can i file law suit against the army for negligence and discharging me because of PTSD?

#2 adjusterjack

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Posted 30 December 2012 - 02:07 PM

i sereved in the army from 2006-2009. when i came back i had trouble sleeping, drinking, anger and depression. the unit i was with discharge me because of this reason and diden't help me to get proper medical treatment. begining of this year i had to be hospitalized because of this problems. can i file law suit against the army for negligence and discharging me because of PTSD?


You can certainly file one but, realistically, I doubt if you'll have any success taking on the government by yourself. I don't imagine that you have the $50,000 to $100,000 or more that it would take for you to pursue litigation.

Fortunately, you might not have to as there appear to have been several class action lawsuits that you might be able to become a part of.

Read about them in the following search results:

http://duckduckgo.co...nst us for ptsd

Meantime, I hope you have signed up for VA health benefits.

Find out how at:

http://www.va.gov/landing2_vetsrv.htm

Even without a service connected disability I was able to get VA health benefits with small co-pays.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 randy28

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Posted 30 December 2012 - 06:18 PM

thank you so much for your help. yea i actually been there i was admitted in the psych ward for week and now going through one on one therapy. i told my doctor about this and he was really upset and he did say if i do decide to take it to court he will gladly testify on my behalf. now do i talk to a personal injury lawyer for this matter?

#4 adjusterjack

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Posted 30 December 2012 - 08:09 PM


do i talk to a personal injury lawyer for this matter?


Couldn't hurt.

Try googling something like veterans personal injury attorney for your city and see what you come up with.

I suspect that most will want to help you get benefits rather than sue the government or the military for negligence. So make sure you question them carefully and thoroughly read and understand any papers they give you to sign.

And before letting a lawyer help you get benefits (they charge fees or a percentage) try applying yourself. The VA has two programs, either one might be something you can qualify for:

http://www.benefits....v/compensation/

http://www.benefits.va.gov/pension/

I suggest spending some time on the VA website to find out what other benefits are available to you.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 yammer66

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Posted 31 December 2012 - 05:21 AM

Randy,
You need to get a hold of a Veterans service organization like the American Legion, Disabled American Vets (DAV) etc.. You can check out www.militarylawyers.org and http://www.repforvets.com
I am a 100% disabled vet it took a little bit but you have to stick with it and not get Angry, it will get frustrating. You should keep a log of how your disabilities affect your daily life and be completely candid about it regardless of how embarrassing anything may be. I turned in 12 pages I wrote down over an 8 month period and it took another 8 months for me to go from 70% to 100% another 4 months to get a Primary care doc from the VA and mine was all documented service connected, so, you really need to be patient and stick with it. If your Doc can write an official letter statement that your current disabilities are in fact directly related to your military service, that would help, if you have any sick call slips or medical documentation add that too, any letters from family or friends stating your before and after service mental or physical states that would be extremely helpful. If you were discharged for cause then all DA 2823 (sworn statements), legal proceedings, positive or general counseling statements you received will help your case. Unfortunately your SMIF (Soldiers Military Incident File) the First Sergeant keeps on you is destroyed after 1 year of you leaving that Unit.

Anyhow I hope some of this helps
SGM,USA (Ret) Out Here!

#6 randy28

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Posted 31 December 2012 - 01:35 PM

Thank you so much for all the information. Everything was very helpful and will be using veteran service organization. Thank you again.




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