Army to Reconsider Thousands of PTSD-Related Discharges

Feb 24, 2021

Legal Help for Veterans is a law firm helping veterans get the benefits they deserve.

Northville, MI (Law Firm Newswire) February 24, 2021 – Thousands of veterans with post-traumatic stress disorder (PTSD) will have their less-than-honorable discharge statuses reviewed. A recent settlement in a class-action lawsuit means the Army will need to “automatically reconsider” all rejected applications for discharge upgrades connected with PTSD or related mental health conditions. 

The veterans involved in the lawsuit were issued less than honorable discharges for infractions that they say were triggered or worsened by PTSD, traumatic brain injury or another mental health condition. A less than honorable discharge can disqualify a veteran from many federal and state resources and benefits. 

“When veterans are excluded from VA healthcare and other services that typically would be available to them with an honorable discharge status, they often miss out on getting treatment for their PTSD and other conditions,” said James G. Fausone, lead attorney at Legal Help for Veterans, a VA disability law firm in Northville, Michigan. “This can increase their risk of suicide and many other complications. We need to get our vets more mental health care, not prevent them from accessing it.”

The Army already has rules in place that require them to consider mental health when issuing a discharge. However, the lawsuit alleges that it regularly fails to follow them. Some of the behaviors the lawsuit’s lead plaintiffs were discharged for included suicide attempts, self-harm and self-medicating, and going absent without leave to cope with the stress of military service and symptoms of PTSD. 

Upgrade applications rejected between April 17, 2011, through November 17, 2020, are all eligible. An initial count has identified about 3,500 affected veterans of the Army, Army Reserve or Army National Guard. The Army must notify eligible veterans of their ability to reapply for an upgrade. 

Legal Help for Veterans is a VA disability law firm exclusively for veterans. It is veteran-owned and operated. Contact James G. Fausone and the rest of the Legal Help for Veterans team at 1.800.693.4800.

Legal Help for Veterans, PLLC
41700 West Six Mile Road, Suite 101
Northville, MI 48168
Toll Free Phone: 800.693.4800

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