Key Facts Regarding Sabo, et al., v. United States

• On December 18, 2009, the United States Court of Federal Claims ordered that a legal notice be sent to you and all other veterans of the U.S. Armed Services who may be eligible to join the lawsuit known as Sabo, et al. v. United States.
  
  
• The Sabo lawsuit was brought by seven veterans from the U.S. Army, Navy, Marine Corps, and Air Force. The seven veterans were discharged from military service as a result of a finding by a Physical Evaluation Board ("PEB") that they were unfit for continued active duty service due, at least in part, to Post Traumatic Stress Disorder ("PTSD"), and were assigned a disability rating for PTSD of less than 50%. You received the Court-approved legal notice because government records indicate that you -- like the seven veterans who filed the Sabo lawsuit --were discharged from the Armed Services between December 17, 2002 and October 14, 2008, were found unfit for continued active service due, at least in part, to PTSD, but were assigned a disability rating for PTSD of less than 50%.
  
  
• The seven veterans in the Sabo lawsuit claim that the PEBs violated their legal rights, as well as yours, by assigning a disability rating for PTSD below 50%. The seven veterans have asked the Court to order the military services to give them - and to give you if you join the lawsuit - all of the military retirement benefits to which a veteran with at least a 50% PTSD rating would be entitled.
  
  
• The military services deny that they have done anything wrong, and the Court has not yet decided that issue. For those who "opt-in" to the class, the military services agreed to prioritize applications to the records corrections boards requesting an increase of their PTSD ratings.
  
  
• The Court approved the legal notice that was sent to you and other eligible veterans to inform you of your rights to either join or not join this lawsuit, and what you would need to do to join this lawsuit, if that is what you decide to do.
  
  
• Under the Rules of United States Court of Federal Claims, the Court has allowed the lawsuit to be a class action on behalf of the following individuals:

  All individuals who (a) served on active duty in the U.S. Army, Navy, Marine Corps, or Air Force, (b) were found by a Physical Evaluation Board to be unfit for continued service due, at least in part, to the individual's PTSD, (c) were assigned a disability rating for PTSD of less than 50%, and, as a result, (d) were released, separated, retired, or discharged from active duty after December 17, 2002, and prior to October 14, 2008 (regardless whether such release, separation, retirement, or discharge resulted in the individual's placement on the Temporary Disability Retirement List).

• If you fit this definition, you may choose to join (or "opt-in" to) this lawsuit as a Class Member.
  
  
• Even though you may have a right to join this lawsuit, there is no obligation to join and you do not lose any legal rights by declining to join.
  
  
• The lawyers who represent the veterans in the Sabo lawsuit are not charging the veterans a fee for their services. These lawyers have agreed not to charge you or other class members a fee if you choose to join the lawsuit.
• If you join this lawsuit, neither the Court nor a military records correction board can reduce the PTSD rating(s) that the PEB assigned to you absent fraud or unusual circumstances.
  
  
• The FAQs (Frequently Asked Questions) and Summary of Rights and Options provide more detailed information regarding this lawsuit.
  
  

This content has been approved by the court.

Does this Lawsuit Apply to You?

I DID NOT RECEIVE THE LEGAL NOTICE.

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I RECEIVED A ONE-TIME SEVERANCE PAYMENT.

You received the legal notice and were given a one-time severance payment when you left active duty. Click Here.

I AM CURRENTLY ON THE TDRL.

You received the legal notice and are currently on the temporary disability retirement list (TDRL). Click Here.

I AM ON THE PERMANENT DISABILITY RETIREMENT LIST

You received the legal notice and are currently on the permanent disability retirement list. Click Here.

I WAS TAKEN OFF THE TDRL AND GIVEN A ONE-TIME SEVERANCE PAYMENT

You received the legal notice and were put on the TDRL, but were thereafter taken off the TDRL and given a one-time severance payment. Click Here.