Latham Sets Precedent With Win on Behalf of Distinguished Veteran
A Latham team has secured a precedent-setting win for a veteran in the US Court of Federal Claims and righted a nearly decade-long injustice endured by our client.
Our client served honorably in the US Army for over six years on multiple combat tours, including being deployed to Afghanistan in support of Operation Enduring Freedom in 2011–2012. He was awarded numerous medals and decorations for his service, including the Army Achievement Medal, the National Defense Service Medal, and the Global War on Terrorism Expeditionary Medal. Our client’s exposure to combat-related trauma during his service, however, caused him to develop multiple disabilities, including post-traumatic stress disorder (PTSD). As a result of his PTSD, the Army retired our client, finding him unfit for continued military service. What followed were a series of injustices that took more than seven years to correct.
From 2016 through 2022, several different administrative bodies at the Army repeatedly refused to provide our client with the combat-related special compensation (CRSC) he was owed for his PTSD. Time and time again, the Army ruled that our client’s PTSD was not caused by combat-related events. Accordingly, in March 2023, in conjunction with longtime pro bono partner National Veterans Legal Services Program (NVLSP), Latham filed a complaint in the US Court of Federal Claims on behalf of our client, challenging the Army’s decisions. Upon seeing the complaint, the US voluntarily remanded the case back to the Army for reconsideration of its previous decisions.
In December 2023, our client’s rights were finally vindicated. On remand, and with the benefit of supplemental briefing prepared by Latham, the Army reversed all of its previous decisions and found that our client was entitled to CRSC for his PTSD. The Army’s decision will significantly benefit other veterans in similar situations as our client. Although the Army ordinarily requires specific evidence documenting a causal link between a combat-related event and the at-issue disability, the Army found that causal relationship existed in this case because, “but for [our client’s] time in combat, it was more likely than not that [our client] would not have been diagnosed with PTSD.” Latham’s co-counsel, NVLSP, described the decision as “extremely helpful to many veterans.” When he received news of the win, our client wrote, “Thank you very much for everything you have done for my family and me. I will be forever grateful!!”
Supervised by counsel Leah Friedman, the Latham team consisted of associates Andrej Novakovski, who argued several motions before the Court, and Shaza Loutfi. The NVLSP team included Director of Lawyers Serving Warriors® Rochelle Bobroff and Staff Attorney Amy Fulmer.