Finding Hope for Veterans with TBI and PTSD Given an “Other-Than-Honorable” Discharge
The Department of Veterans’ Affairs’ National Center for PTSD reports that the conflicts in Iraq and Afghanistan resulted in increasing numbers of Veterans with traumatic brain injuries. The U.S. Department of Defense estimates that 22% of all combat casualties from these conflicts were from brain injuries as compared to about 12% of Vietnam-related combat casualties. Blasts and motor vehicle accidents are the primary causes of TBI in veterans of Iraq and Afghanistan. Individuals who have sustained a traumatic brain injury are at an increased risk for psychiatric disorders including depression and PTSD.
Veterans who have left the military with “other-than-honorable” discharges are denied Veterans Affairs benefits, such as health care despite the effects of TBI and PTSD having likely been the cause of their being kicked out of the military. A story, Breach of Honor, that was published in Denver’s 5280.com magazine highlights the work of the Veterans Advocacy Project, which is working to help Veterans with TBI and PTSD restore an honorable discharge so that they can gain access to medical and other benefits and get treatment for these conditions that were a result of their military service.
Real veterans who need real help
The 5280.com story features veteran Larry Morrison, who spent 20 years in the Army in Iraq and Afghanistan and who earned a Bronze Star for his service. Morrison suffered from PTSD for years and when he was ready to be medically discharged from the military in March 2015, his orders were revoked, he was issued an, other-than-honorable discharge and stripped of his retirement and disability pay. Mr. Morrison works as a laborer for $14 an hour. Now, the battle he is facing is to clear his name with the U.S. Army.
Ann Vessels is a University of Denver Sturm College of Law professor who has a son, Marine Corps Veteran, Sean Irwin. Irwin was deployed to the Middle East and fought in Ramadi and near Fallujah in Iraq. He came home with PTSD, and when it took more than a year to receive his Veterans’ benefits, Ms. Vessels decided to make it her work to ensure that all veterans received the access to the help they deserved. Vessels started the VAP which is both a class in the law school and a legal clinic focused on helping veterans access their benefits. The VAP project opened in 2015, and word quickly spread about its free legal clinic for veterans. In their first semester the VAP took on about 50 cases wining the equivalent of $1.5 million in VA appeals in its first year. Most VAP cases were veterans who had been issued other-than-honorable discharges form the military.
The VAP is helping Morrison with his appeal to upgrade his discharge status so that he can have his disability pay and retirement benefits restored and have access to VA medical care. Fortunately for Mr. Morrison, there is hope for him in getting his discharge status upgraded thanks to former Secretary of Defense Chuck Hagel, who in a memo directed Discharge Review Boards (DRB) to give “liberal consideration” to petitions in which PTSD might have been a mitigating factor in a service member’s misconduct. Since the Hagel Memo, close to 45% of PTSD-based discharge upgrade requests with the Army Board for the Correction of Military Records have been granted, and Mr. Morrison hopes that his case meets with similar success.
The 5280.com story ends with an addendum that mentions the Department of Defense’s clarification and expansion of its policy to help veterans with less-than-honorable discharges to upgrade their status. A memo from the Under-Secretary of Defense directed all DRBs and Boards for Correction of Military/Naval Records to give “liberal consideration” to veterans whose appeals are “based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment.” The memo further requires that these mental health conditions be liberally considered as excusing or mitigating the discharge.
If you are suffering from a brain injury because of the reckless or negligent behavior of another individual, and consequently you have developed PTSD, you can seek justice with the help of the Rocky McElhaney Law Firm. Our Nashville traumatic brain injury lawyers help you obtain the compensation you need. To schedule a free consultation in our Nashville, Hendersonville, or Knoxville office, call 615-425-2500 or complete our contact form today.