WASHINGTON (Gray DC) – According to Department of Veterans Affairs data, there are 234,631 backlogged disability claims as of October 2024.
Each of those claims is reviewed by a processor, who determines whether or not the veteran is entitled to a payout.
Now, two of those claims surrounding PTSD are being questioned, making it all the way to the Supreme Court.
“There is still a stigma in our society to kind of acknowledge that you are dealing with mental health problems,” says Mel Bostwick, an attorney representing the Veterans.
According to the Veterans Administration, in 2021 about 11% of veterans were diagnosed with post-traumatic stress disorder.
By some VA estimations, 30% of Vietnam war veterans experienced PTSD.
“It’s is so common and so pervasive,” says Bostwick.
Bufkin v. McDonough, Sec of VA, centers around two veterans who say they suffer PTSD stemming from their service, but were denied benefits.
“They have to prove that they have this disability and that it’s caused by service, and that can be really difficult,” says Renée Burbank with the National Veterans Legal Services Program.Unlike criminal law which operates under “beyond a reasonable doubt,” or civil law, which goes by preponderance of the evidence, Veterans law uses something called benefit of the doubt.“When there’s evidence on both sides and it’s roughly equal the tie goes to the veteran,” says Burbank.That means if there’s any question as to the legitimacy of the claim, the veteran should still get the payout.Attorney Katie Becker says this case throws that system into question.“It has huge real-world ramifications because the benefit of the benefit of the doubt is going to come up for vulnerable veterans everywhere,” says Becker.Oral arguments are Wednesday, with a ruling expected by June. Copyright 2024 Gray DC. All rights reserved.
Get Creative with Cannabis: The Ultimate Guide to Painting and Pottery Workshops
Creative with Cannabis Cannabis and creativity go hand in hand—especially
