New Class Action Settlement Offers Army Vets Greatly Expanded Access to Benefits
A sweeping settlement in a class-action lawsuit launched three years ago in the US District Court for Connecticut between the US Army and thousands of post-9/11 veterans has been made official. This resolution will impact tens of thousands of veterans’ discharge orders, as Army officials will now automatically review discharge upgrade applications.
Pending court approval, the new settlement will benefit Army vets who have been impacted by numerous disorders, including post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), military sexual trauma (MST), or other behavioral health conditions.
Veteran’s advocates have long fought for the rights of soldiers who suffered from PTSD and other brain injuries incurred during their military service.
The settlement comes after a highly public national class lawsuit against the US Army by thousands of Army veterans. The settlement will now reconsider the tens of thousands of prior denied upgrades made by Army officials regarding Iraq and Afghanistan vets who had a less-than-fully-Honorable discharge.
A less-than-fully-Honorable discharge can negatively impact a veteran’s life and income, as it refers to a soldier’s behavior not being up to the standards of an honorable discharge regarding both performance and duty. Oftentimes, a less-than-fully-honorable discharge alludes to misconduct, and VA services, including payments, are most often denied due to this form of discharge.
One of the plaintiffs, Iraq veteran and founder of the Connecticut chapter of the Iraq and Afghanistan Veterans of America said the settlement is a historic vote for veterans’ legal rights.
“Not only will this have a practical impact on the lives of thousands of veterans, but this settlement will also signal that the federal government must be held accountable to its word to veterans,” said Kennedy. “This is a watershed vindication of veterans’ rights.”
Included in the settlement is the new adoption by the Army of specific procedural reforms that will facilitate numerous types of discharges both now and for future generations of veterans. The new agreement ensures that veterans can more easily request upgrades for their discharge applications.
Before this settlement, veterans were required to travel to Washington, DC, and pay for all expenses in order to dispute their discharge status. Now, the new system will offer all veterans the option of calling in to participate in their upgrade hearings.
The Yale Law School Veterans Legal Service Clinic, the organization that worked on the legal case, reports that up to about 50,000 Army veterans could receive upgrades due to the new Army review changes.
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