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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34755
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can I sue the military if I am a disabled veteran for PTSD?

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Can I sue the military if I am a disabled veteran for PTSD? I was sent to the morgue alone, all the time for 2 years overseas. It was against my will and my life has been horribly affected. I am a female. I have 2 witnesses if needed. No one from that time will talk to me. I always thought conspiracy is a strong word, but as time goes by it fits. I hope this doesn't happen to other x-ray technologists in the Air Force.    I AM A FEMALE...I WAS 21-23 years old.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am, can you tell me, have you filed a claim with the VA for this service connected disability? If so, what happened? Did they rule that your PTSD is related to your service ?
Customer: replied 4 years ago.

Yes, I am a 100% service-connected Vet. & PTSD. I am somewhat embarrassed, but I am Mad as Hell that this happened to me. Yes I still see a counselor so no worries. I guess I just want the government pay for all of this when really those that used me up in the morgue back in 1985-1988 at Clark AB Philippines would pay up. Plus, if I could win and set a precedence maybe this wouldn't happen to anyone else. Anyway, thanks for listening and I'll wait to hear from you ASAP.

Thank you Ma'am

I understand your frustration. In cases where the government is clearly at fault, due to negligence, it can seem that VA compensation is not sufficient.

The problem you face is twofold.

First, in order to sue the US Government, you must comply with the requirements of the Federal Tort Claims Act (FTCA). Since the federal government claims sovereign immunity, they are allowed to "set the rules" for how one can sue them. And the federal government has enacted the FTCA to set the rules. If you want to sue the federal government, including the military, you must follow the FTCA. And one of the rules of the FTCA is that the lawsuit must be filed within 2 years of the incident. Since this happened over 10 years ago, it is too late to sue.

The second problem you face is the so called "Feres doctrine"

This comes from the Supreme Court case of Feres v US, in which the Supreme Court held that a veteran is not able to sue the federal government under the FTCA for incidents that happen while on active duty. The veterans sole recourse will be the VA claims process.

I am sorry to have to bear bad news Ma'am, but it is not possible for you to sue the military.

Please let me know if you have more questions...happy to assist if I can
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