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Lawsuit Claims VA’s Negligence Resulted in Veteran’s Suicide

A federal lawsuit, filed against the Department of Veterans Affairs (VA), claims their negligence in "failing to diagnose and treat his post-traumatic stress disorder (PTSD)" was the reason Scott Eiswert took his own life, according to an article the Claims Journal.

Scott Eiswert served in the National Guard, was deployed to Iraq between 2004 -2005, and returned as a veteran with a disability. Eiswert sought treatment for PTSD symptoms at a private facility. A counselor of his notified the VA that Eiswert had been diagnosed with PTSD. As his PTSD was service-related, Eiswert applied for disability benefits.

The lawsuit claims the VA denied his disability claims 3 times. It's known that VA doctors did write him prescriptions for both depression and insomnia, but he didn't do well with them. Eiswert told a VA doctor he had suicidal thoughts, but he couldn't "do that" to his children so the VA concluded he wasn't a suicide risk.

Eiswert was then referred to a veterans center, and they stated he continued to have problems with his anger, anxiety, and depression. Despite that, the VA denied Eiswert's disability compensation claim in 2008 due to no ‘"objective evidence" of his disabilty. A couple months later, Eiswert had committed suicide.

Afterwards, the VA "reversed its decision" and stated Eiswert did, in fact, qualify for service-related PTSD disability. Following an analysis of Eiswert's case, 2 experts in psychiatry determined the "VA was derelict in their duty to diagnose him with PTSD and gave him substandard medical care."

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today - 1-888-234-5758.