Vietnam Vets file lawsuit against US military for discharge upgrades

Jim Fausone, Esq.

Veteran Disability Lawyer

Post-Traumatic Stress Disorder (PTSD) is a widely accepted disability today and I have been writing on the topic frequently. It was not always so. Now the condition is at the center of a lawsuit against the US Military. The lawsuit, which seeks class action status, could ultimately affect tens of thousands of veterans.

Five Vietnam War veterans sued the U.S. military on Monday, March 3, saying they were denied some veterans services after receiving other-than-honorable discharges for actions that resulted from PTSD.

The lawsuit called on the military to upgrade the discharges of veterans of the conflict who suffer from PTSD. Veterans need an honorable discharge status to receive benefits and services. However, the military did not recognize PTSD in the 1960s and 70s at the time of Vietnam.

According to the lawsuit, “The military gave these service members other than honorable discharges based on poor conduct such as unauthorized absence without leave, shirking, using drugs, or lashing out at comrades or superior officers. These behaviors, however, are typical of those who have recently experienced trauma and were symptoms of the veterans' underlying, undiagnosed PTSD."

The lawsuit further notes that the US armed forces now have procedures in place to diagnose PTSD and will offer honorable discharges to soldiers, sailors and airmen who suffer from the condition, but have not retroactively applied those benefits to Vietnam veterans.

The men involved in the lawsuit were 17-20 years old when they enlisted in 1967-70, and all are in their 60s today. One was the victim of a poison gas attack on his first day in Vietnam, and another’s duties included sorting through body parts of soldiers killed in combat.

Law students working in Yale’s Veterans Legal Services Clinic prepared the suit on behalf of the five veterans.

After repeatedly running into cases of veterans with PTSD who were effectively being denied benefits because of their condition, the law clinic decided to file suit. We applaud this effort and we recognize the problem is real and the court solution maybe a long shot.

At Legal Help For Veterans, our experienced staff can also help with PTSD claims. You can learn more about our PTSD veterans’ services at our website, http://www.legalhelpforveterans.com/practice-areas/post-traumatic-stress-disorder-ptsd/.

To read more about this lawsuit, see the Reuters report at: http://www.reuters.com/article/2014/03/03/us-usa-veterans-ptsd-idUSBREA2225S20140303

Also check out LHFV’s past blog on changing the stigma behind PTSD for veterans:

http://www.legalhelpforveterans.com/2014/03/a-new-way-to-erase-the-ptsd-stigma-for-vets/

A New Way to Erase the PTSD Stigma for Vets?

Jim Fausone

Veteran Disability Lawyer

Former President George W. Bush offered an interesting take on erasing the stigma that comes along with Post Traumatic Stress Disorder (PTSD) for military veterans: drop the “D” in PTSD.

At a summit convened on veterans’ issues, the former President said that the condition has been mislabeled a “disorder” and that simply calling it “post-traumatic stress” would go a long way toward removing the stigma for veterans coming home from Iraq and Afghanistan.

The summit was organized by the George W. Bush Institute — the former President’s policy think tank — to highlight how Americans can more effectively help the 2.5 million post-9/11 veterans move to civilian life.

It’s estimated that 11-20% of Veterans coming home from Iraq and Afghanistan suffer from PTSD, in addition to about 10% of Gulf War (Operation Desert Storm) vets, and about 30% of Vietnam vets. The condition has serious consequences beyond that of veterans’ health, especially their ability to find a job when returning home.

“Employers would not hesitate to hire an employee being treated for a medical condition like diabetes or high blood pressure,” said Bush. “And they should not hesitate to hire veterans with post-traumatic stress.”

While others, including high-ranking military officials have previously called for such a change, Bush is the most prominent individual to suggest that PTSD be viewed from a different angle.

Due to the stigma of the condition being a “disorder” – which makes it seem permanent – some veterans are reluctant to get help, while others are unaware of treatment options. Doctors who have been pushing for a name change — perhaps to “post-traumatic stress injury” — praised Bush’s stand as major progress.

PTSD can develop after a trauma in which an individual is harmed or feels the threat of physical harm – which can be triggered by events such as combat or by sexual harassment. Key aspects of the condition are recurring symptoms, such as reliving the event or avoiding situations reminiscent of the event.

Bush was also joined by Jill Biden, wife of vice president Joe Biden, as well as high-ranking military officials, non-profits and representatives from businesses such as Bank of America and 7-Eleven. Hopefully this push to erase the “D” from PTSD will continue and yield results – our veterans deserve it, and we owe it to them.

Read more on former President Bush’s speech here: 
http://www.dallasnews.com/news/metro/20140219-bush-wants-change-in-how-ptsd-is-handled.ece?nclick_check=1

For an overview of PTSD basics, check out the VA’s PTSD informational page: http://www.ptsd.va.gov/public/PTSD-overview/basics/how-common-is-ptsd.asp

Veterans May See Increase in Mental Health Care Spending

Jim Fausone
Veterans Disability Lawyer


The proposed budget for the U.S. Department of Veterans Affairs 2013 fiscal year includes an increase in the funding for mental health care treatment of more than 5 percent.

This bump in funding represents an increase in the VA’s commitment to the mental health care of veterans as another one million active duty personnel join the ranks of veterans over the next five years.

The VA’s proposed $6.2 billion mental health care budget would help first with outreach and screenings since so many of the country’s veterans in need are suffering in silence. The money also would go toward programs that help reduce the stigma that can go along with mental health issues.

The mental health care budget also would support new technologies for self-assessment and post-traumatic stress disorder symptom management.

That’s only part of the VA’s massive $140 billion budget. Another part of the health care budget not included in the $6.2 billion set aside for mental health care is about $583 million in medical research appropriations. This money, along with $1.3 billion from other sources, goes to researching traumatic brain injury, PTSD and suicide prevention.

Country Fails Texas Veteran

by Jim Fausone
Veterans Disability Lawyer


We hear from over 400 veterans a month seeking our help; not knowing where to turn. Often it is on disability matters that we can help with – such as obtaining VA disability benefits. Some of the email requests are simply matters we do not work on – such as educational or home loan matters. We also hear tragic stories where the system has failed our veterans. Here is an email request we just received:

“I'm not sure I am at the right place, but I will tell you my story and let you decide. My nephew John Saxon served 4 years in the US Army spending 1 tour in Iraq for 18 months. He was honorably discharged after his 4 year commitment was finished. After 3 years of inactive duty he was recalled to spend another 1 year tour in Iraq. John has battled PTSD since his return over a year ago. He was seen by a VA doctor in Dallas approx. a month ago and was advised to see a psychiatrist and was put on psyche meds. This morning John snapped and killed his mother by shooting her and setting her house on fire. John now sits in the Grayson County (TX) jail on murder charges. My question is what if anything can your organization do and if nothing can you suggest any places I can contact for further help.”

The Army failed John when it discharged him without proper care. The VA failed John when it did not get him immediate help but simply said see another doctor. The Country failed John when we asked him to defend our values but we did not defend him from the demons that resulted. Although it may be too late for John & his mom, we did not want to fail this family one more time. We pointed them to a group in Texas that should be able to help. The importance of Post-Traumatic Stress Disorder (PTSD) and psychiatric care for our veterans cannot be overestimated. John is a statistic of the war and now so is his mother. We have seen veteran suicide, criminal activity and homelessness rise. Many of these problems are rooted in mental illness that needs treatment. As we pull troops out of Afghanistan and Iraq; the Department of Defense (DOD) assists the VA in taking care of the troops after discharge. So much more needs to be done for our returning veterans.

http://www.heralddemocrat.com/hd/News/-Homicide-MaryLeeSaxon-10-28-11-

John’s sad story is reported in the article above. You will note that they don’t make the connection to his PTSD with his service. Maybe we can ignore it if it’s just a deranged son and his mom in a trailer. We should be outraged and the reporter should tell the real story.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com