US Military Deliberately Neglects PTSD-Inflicted Veterans

If you read Wounded Times you know how they are treated at the same time the DOD tells us they are doing all they can. In other words, you know it is about time someone did the right thing for their sake! The only reason the stigma of PTSD lives on is the DOD has kept it well fed.

US Military Deliberately Neglects PTSD-Inflicted Veterans: The Need for Reform
The Jurist
by Cassandra Baubie
Wednesday 23 September 2015

JURIST Guest Columnist Devin Cohen from St. John's University School of Law Class of 2015, is the first author in a twelve-part series from the staffers of the Journal of Civil Rights and Economic Development. Cohen discusses the problems surrounding Veterans suffering PTSD and their right to receive military benefits

Individuals who enlist in the US Army are fully aware that they are risking their lives for their nation. While they are voluntarily subjecting themselves to being in the crosshairs of fire, they are not waiving their rights as American citizens. One in every five soldiers suffers from post-traumatic stress disorder (PTSD); however the military has failed to properly care for those who suffer from the disease.

Individuals with PTSD constantly battle sleeplessness, anger, anxiety and a sense of isolation, making it extremely difficult to live what would be considered a normal life. Soldiers encounter countless traumatic incidents while in the line of duty, and hence many develop PTSD. The US Department of Veterans Affairs reports that 11 to 12 percent of veterans of the Iraq and Afghanistan war and about 30 percent of Vietnam veterans suffer from the disease.

The correlation between PTSD and military tenure is indisputable and yet the military has failed to follow the laws that oblige them to properly care for the veterans who have been inflicted with the disease. 10 U.S.C. § 1201 requires the Army to retire and provide certain benefits to individuals who suffer from PTSD; the permanent nature and stability of PTSD qualifies the condition under § 1201, thus requiring benefits. The US Court of Appeals for the Federal Circuit held "if an individual meets section 1201's requirements, payment of benefits is mandatory, not discretionary."

Congress should pass a statute or the Department of Defense should adopt a new regulation mandating the consideration of more evidence including post-discharge evidence by review boards. These reforms would abide by the existing obligation under 10 U.S.C. § 1201 to provide proper benefits to veterans with PTSD.

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