Veterans who suffer from Military Sexual Trauma Now Eligible for VA Health Care

The Department of Veterans Affairs (VA) announced in early December that it would expand eligibility for veterans in need of mental health care due to sexual assault or sexual harassment that occurred during their military service. This expansion comes under the authority from the recent VACAA legislation (Veterans Access, Choice, and Accountability Act of 2014).

This sexual assault trauma, commonly known as Military Sexual Trauma (MST), is specifically defined as: psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty or active duty for training.

This expansion, which also pertains to Reservists and National Guard members participating in weekend drill, gives the authority to offer veterans the appropriate care and services needed to treat conditions resulting from MST that occurred during a period of inactive duty training.

The expansion is rather timely, especially in light of recent reports of the continued increase in military sexual assault cases, which we at LHFV have discussed frequently on our blog.

Every VA health care facility will have a MST Coordinator who serves as the point person for MST cases. And every VA medical center and community based outpatient clinic offers some MST-related outpatient counseling.

Currently, veterans can receive health care for mental and physical conditions related to MST free of charge. Veterans do not need to have a service-connected disability or seek disability compensation to be eligible for MST-related care.

And, as many who experience sexual harassment or assault have not reported the incidents in the past, it is important to note that veterans do not need to have reported such incidents to the Department of Defense or have documentation or records to support their claims of having experienced such trauma. The responsible VA mental health provider makes a clinical determination as to whether a veteran’s condition is MST-related.

Finally, veterans do not need to enroll in the VA’s health care system to qualify for MST-related treatment, as it is independent of VA’s general treatment authority.

Veterans can learn more about VA’s MST-related services online at:

www.mentalhealth.va.gov/msthome.asp 

And you can see video clips with the recovery stories of veterans who have experienced MST at, and learn more at: http://maketheconnection.net/conditions/military-sexual-trauma.

If you have questions about service connected MST and disability compensation, contact us at Legal Help for Veterans.

On Their Own: Children of Veterans Facing Mental Health Issues

Jim Fausone, Esq.

Veteran Disability Lawyer 

We often report on the issues and hardships facing our nation’s veterans. But what many don’t realize is the impact these returning veterans have on families and their children. Life goes on after and life beyond the touching homecoming video clip or news report and it is not always a “happily-ever-after” scenario.

It's estimated that as many as 5 million kids have had a parent or sibling serve in Iraq or Afghanistan since 9/11. Approximately 30%, or 1.5 million, of those kids are significantly more likely to consider suicide and have mental health problems compared to non-military kids.

A recent 60 Minutes report told the story of 15 year old Abigail Barton, who expected her father, an Iraq War veteran, to return home and still be the “fun parent” that he was before he left. That was not the case.

Abigail’s older brother, Alex, attempted to commit after his dad returned home. Their mother said it has been “devastating” for her kids to see the changes in their father as he deals with the post-traumatic stress of Iraq. It is as if they, too, are dealing with PTSD.

And sadly, the Barton kids receive no help from their school or the VA.

The VA spent almost $500 million last year for PTSD treatments for veterans of Iraq and Afghanistan. But their family members may receive counseling "if determined to be essential to the effective treatment and readjustment of the veteran."

Simply put, veterans’ kids who have mental health issues are largely on their own, if they get help at all. Compounding the problem is a lack of awareness on this issue.

Christal Presley, who has started a group called United Children of Veterans, had a similar experience with her father, Delmer Presley, a Vietnam veteran. “While my dad was hiding away in his room, I would lock myself away in my room," Christal said in the 60 Minutes report. "I would vacillate between depression and rage just like my father."

Then, at the age of 30, Christal began picking up the phone to get her father to talk about the war. After dozens of phone calls, slowly, her father began opening up. And talking helped both Christal and her father.

After a lifetime of silence, Christal dared to go public and shared her story in a blog that went viral and eventually became a book. She's received emails from thousands of veterans and the children of veterans as far back as WW II. "I think part of me still feels the relief of, 'Christal, you're not alone,'" she told 60 Minutes. "And the other part of me feels so sad, because I wasn't alone."

Christal says that now she understands that talking and sharing your story can be a matter of life and death.

The stories of veterans’ lives upended by PTSD are all too familiar, however, we should not forget about their children whose stories are unknown – and children who are on their own in dealing with their mental health issues.

You can learn more about Christal Presley’s United Children of Veterans at her website, http://unitedchildrenofveterans.com/.

Watch the 60 Minutes report here: http://www.cbsnews.com/news/collateral-damage-the-mental-health-issues-facing-children-of-veterans/

Soldier Suicides

Kristina Derro
Veterans Disability Lawyer

Heartbreakingly, a new report out from the Department of Defense shows that in 2012 more soldiers took their own lives than died in combat. Through November 2012, 177 active-duty personnel had committed suicide compared with 176 soldiers who were killed in action during the same time frame. Army suicides have increased by at least 54 percent since 2007.

Blame has been placed on the military culture in which soldiers believe they will be deemed weak and denied promotions if they seek mental health aid. There is also the problem that our soldiers today face multiple deployments during their service. However, the Army has referenced the anti-suicide strategy that that it put in place in April 2009 and claims that with the new programs in place it will just be a matter of time until they start making a dent in the issue. The Army stressed that soldiers are assured that seeking mental health counseling will not harm their chances at gaining a security clearance.

In July 2010, the Army released a report that purportedly explained its suicide epidemic. The report referenced loosened recruitment and retention standards due to the furious pace of repeated deployments. The Army claimed this allowed more than 47,000 people to remain in the Army, despite histories of substance abuse and misdemeanor crime. Obviously, this report only angered families who had lost members to suicide because it insinuates that those individuals were in some way “flawed” and prone to suicide, despite the fact that they served honorably. It also completely overlooked the fact that soldiers were subject to multiple deployments.

           

These findings only highlight the fact that the military culture is still one where mental health treatment is not fully embraced. It is also a sign that further programs need to be put into place in the military to prevent further suicides. Having our active-duty personnel being placed in harm’s way during combat is a necessary evil. Having them end up surviving combat, but dying once they get home due to a lack of a supportive military environment—the same military that sent them to combat—is atrocious.

Wisconsin's Special Veteran Court

Jim Fausone

Veteran Disability Lawyer

Wisconsin has created a new court specifically for military veterans. Court officials are in place to launch a multistep process which will send referred veterans to Veterans Treatment Court, processing those accused of breaking the law in Wisconsin's Second Judicial District. The court combines substance abuse treatment and mental health support, funded by federal benefits and services in place for veterans. The court's goal is to treat the potential underlying issues contributing to unlawful choices, while also addressing the legal ramifications of those acts.

"Often, marginalized veterans are simply processed through an overburdened system without their underlying needs being addressed, much less met," says Veterans lawyer James Fausone. "It is heartening to see Wisconsin address the very real problem faced by veterans with mental health issues and alcohol or substance abuse issues."

The first steps toward Veterans Treatment Court include the screening and assessment of potential participants to see if they are a good fit for the program. If accepted, legal teams and the prosecutor in place will negotiate a plea agreement and draft out terms of the proposed sentence, including Treatment court. If all goes according to plan, the defendant would then go to the plea and sentencing hearing, with potential for probation. If the defendant is ordered to treatment court, he or she would appear there. Part of the veteran defendant's sentence would include successful completion of Veterans Treatment Court; failing to complete the plan or adhere to all steps would potentially trigger jail or prison time, similar to other, more traditional probationary plans. In addition to treatment, the program may introduce veterans to untapped federal benefits and services available to them.

Initial emails to the district attorneys’ offices in Racine, Kenosha and Walworth counties, requesting recommendations for a first wave of potential defendants who would benefit from the program, were sent in August, with the goal of psychological evaluations to be completed before mid-November. Eligible veterans must have diagnosed mental health issues, an alcohol or substance abuse issue, or a combination of the two. The number of potential cases is not known at this time, as referrals are just starting to trickle in. The first vet defendants are set to meet in session on November.

Source:

http://www.journaltimes.com/news/local/first-veterans-court-date-set----cases-still/article_4854479a-f580-11e1-b282-0019bb2963f4.html

 

Female Veteran Suicide Crisis

by Jim Fausone, Veteran Attorney

The first large scale study of female veterans found that female veterans — age 18 to 34 — are three times as likely as their civilian peers to die by suicide. Veterans make up 20% of the people who commit suicide in the country. However veterans only make up 12 % of the population. Female veterans are particularly vulnerable and everyone needs to be aware of this crisis and respond accordingly. How will VA, VSOs and health care providers respond?

Read more at: http://www.npr.org/2010/12/04/131797071/study-female-vets-especially-vulnerable-to-suicide