Showing posts with label discharge. Show all posts
Showing posts with label discharge. Show all posts

Wednesday, December 17, 2008

As Second Legal Attempt Fails to Force VA Hand on Claims Processing, Army Sued Over Discharged Vet PTSD Disability Ratings

From CNN:

The U.S. Army intentionally denied benefits to soldiers suffering from a widespread stress disorder after they returned from service in Iraq and Afghanistan, a veterans advocacy group charges in a suit filed Wednesday.

The lawsuit [pdf], filed by the National Veterans Legal Services Program, accuses the Army of illegally cutting off benefits to thousands of veterans and their families by refusing to assign a proper disability rating to those veterans after they had been discharged with a diagnosis of post-traumatic stress disorder (PTSD). As a result, the veterans have been denied benefits, including, among other things, lifetime monthly disability payments and free medical care for themselves and their families. ...

All disabled veterans are assigned a disability rating from zero to 100 percent. According to the Legal Services Program, a rating of at least 30 percent is required to qualify for benefits such as monthly disability payments and free health care. Soldiers receiving less than a 30 percent rating are entitled only to a one-time lump sum severance payment after being discharged.

On October 14, the Defense Department ordered the Army to assign at least a 50 percent rating to all soldiers discharged with PTSD in the future. The lawsuit seeks to provide full benefits to all veterans discharged with PTSD in the past six years.


Sunday, May 18, 2008

Combat PTSD or Adjustment Disorder? Saving Money, Not Lives, Floated at One VAMC

Last year, a firestorm erupted when it was found that 24,000+ OEF/OIF veterans had been booted out of the military with Personality Disorder discharges. PD (once labeled "Section 8") discharges are a quicker and more cost-efficient way of dealing with service members who are exhibiting problematic behavior.

The problem, of course, was that some of the discharged were combat-injured Purple Heart recipients who may have instead been coping with PTSD, a fact that would allow them access to VA health care benefits to treat their condition.

This week, we've moved from the military's diagnoses of Personality Disorder over PTSD to a Texas VAMC PTSD program coordinator advising that Adjustment Disorder diagnoses should be handed out over that of PTSD. The reason given? Saving money.


Friday, November 16, 2007

NPR: Army Personality Disorder Discharges Rocket 40% in Iraq War Era

Yesterday, an unsettling update on personality discharges by ace reporter Daniel Zwerdling on NPR's All Things Considered:

New Pentagon figures released to NPR show that since the United States invaded Iraq, officers have kicked out far more troops for having behavior issues that are potentially linked to post-traumatic stress disorder than they did before the war. ...

NPR asked the U.S. Army and the U.S. Marine Corps to disclose how many troops have been discharged by their commanders in recent years and why. The Marine Corps has not provided statistics. But an Army chart, which NPR recently received, shows that since the United States invaded Iraq:

— Commanders have discharged almost 20 percent more soldiers for "misconduct" than they did in the same period before the war;

— Commanders have discharged more than twice as many soldiers for "drug abuse" (a subset of the "misconduct" category);

— Commanders have discharged almost 40 percent more soldiers for "personality disorder."

In all, the Army has kicked out more than 28,000 soldiers since the war in Iraq began on the grounds of personality disorder and misconduct.


Tuesday, July 17, 2007

Personality Disorder Discharges Under the Gun

Last week while I was in Seattle [video up of my University Bookstore book signing], ABC News had a report by Bob Woodruff [video] that renewed interest again on the issue of combat troops being given personality disorder vs. post-traumatic stress disorder diagnoses/discharges.

Woodruff [who you might recall did some ground-breaking reporting on the traumatic brain injury, or TBI, issue earlier this year] conducted a two-month investigation, interviewing 20 soldiers discharged with personality disorder for the piece.

From ABC World News:

Since his discharge in 2006, [Spc. Jonathan] Town has not only dealt with the emotional scars of war, but he has also found himself at the center of a national debate on mental health care for veterans as a crowd as diverse as singer Dave Matthews and members of Congress has questioned how 22,000 veterans were diagnosed and discharged since 2001 [the figure has jumped to 24,723 according to Stars & Stripes].

In Town's case, the discharge came two years after he was injured in an attack. In the fall of 2004, a 107 mm rocket ripped through his unit's headquarters in Ramadi, exploding two feet above Town's head and knocking him unconscious.

The rocket blast left Town with hearing loss, headaches, memory problems, anxiety and insomnia. For his wounds, he was awarded the Purple Heart. But when he returned to the states seeking treatment for those very wounds, the Army quickly discharged him, asserting his problems had been caused not by the war but by a personality disorder that predated his military career.

Interview with Dave Matthews:


Click on 'Article Link' below tags for more...

In the interest of education, article quoted from extensively.

Continuing:

Since 2001, more than 22,000 servicemen and women from all branches of the military have been separated under the personality disorder discharge, according to figures provided by the Department of Defense. ...

Servicemen and women undergo mental and physical screenings when they enter the military and again before they deploy. "Either the military didn't see it or they ignored it," [Russell K. Terry, founder of the veterans' advocacy organization, Iraq War Veterans Organization] said.

"We do histories and physicals on every recruit that comes in, but people may not always tell us everything," [Col. Elspeth Cameron Ritchie, a psychiatry consultant to the U.S. Army surgeon general] said.

Another soldier tells his story:

Donald Louis Schmidt of Chillicothe, Ill., was being treated for posttraumatic stress disorder after his second combat tour in Iraq. His commanders at Fort Carson later decided he was no longer mentally fit and discharged him with personality disorder. "They just slapped me with that label to get me out quicker," Schmidt said. He said superiors told him "'Everything will be great. Peachy keen.' Well, it's not."

The discharge left Schmidt ineligible for disability pay and benefits. He was also required to return more than $10,000 of his $15,000 reenlistment bonus, but he said no one explained that to him until it was too late. "If I didn't have family, I'd be living on the sidewalk," Schmidt said.

"It's not right that they would do this to him after him going to war for us," Schmidt's mother, Patrice Semtner-Myers, said. "They threw him away. They're done with him. He's no use to them anymore so they say, 'We're done. … Thanks for nothing.'"

Much of these details had been reported on previously [January coverage here and here] when the same diagnosis was given to Steven Green, the soldier charged with raping an Iraqi girl and then killing her and her family in Al Mahmudiyah. However, ABC News added some additional legs to this story when it found a whistle-blower:

On the day he was discharged in the fall, Town met with Jeff Peskoff, a civilian employee in the personnel office at Fort Carson in Colorado, and learned he owed the Army $3,000 to repay his enlistment bonus. "At some points it looked like he wanted to cry and at some point he looked like he wanted to rip my head off," Peskoff said.

Peskoff, who served 10 years in the Army, including a tour of Iraq, recently quit his job in disgust and is now speaking publicly for the first time. "If you have a combat tour and you are getting labeled as a personality disorder, there is something wrong. It's a lie," Peskoff said. "It's a quick way to get rid of that body and bring in another body. And it's a quick way to save money."

In the span of several months, Peskoff said he processed the personality disorder discharges of Schmidt, Town and hundreds of other combat veterans he believed were actually suffering physical and psychological trauma because of the war. "They [Army officials] are basically washing their hands of them," Peskoff said.

Fort Carson officials declined to talk to ABC News about this story. The Government Accountability Office is currently investigating Fort Carson as part of a larger study of mental health services for veterans.

Please continue on [scroll down] to the ABC News piece to read about the incredible stuff Dave Matthews is doing to spread the word on this issue. Town's story not only inspired him -- and in turn 23,000 of his fans -- but it affected elected officials on Capitol Hill as well:

Town's story also inspired 31 senators, including four presidential candidates, to write to Defense Secretary Robert Gates calling for an investigation into the military's use of the personality disorder discharge. "We are concerned over continuing reports from veterans' services organizations, the media and individual U.S. service personnel that personality disorder discharges have been implemented inappropriately and inconsistently," the letter said.

Sen. Kit Bond, R-Mo., said, "We want to make this something that is widely understood and gain the momentum for necessary changes to the system." Just today, six senators including Bond and Barack Obama, D- Illinois, introduced an amendment to the National Defense Authorization Act that would temporarily suspend personality disorder discharges for combat veterans until there is a comprehensive review of the current procedures.

Gates and other Defense Department officials declined to speak to ABC News, saying the issue was under review by the veteran care commission headed by Democrat Donna Shalala and Republican Bob Dole.

After all the recent attention focused on Town, the Department of Veterans Affairs recently began treating him and paying disability benefits. Matthews was asked whether his actions had helped Town. "I think the push, the publicness of the whole thing had some bearing on that, and if it did, it's great that it did. But there are still a lot of other soldiers that need to have the same attention paid on their behalf."

At home in central Illinois, Donald Schmidt is waiting.

As mentioned upstream, Stars & Stripes reported updated personality disorder discharge figures last month:

Since October 2001, the services have discharged 24,723 troops under the character and behavior disorders policy. In 2006, 3,937 servicemembers were dismissed under the policy, up about 8 percent from 2005 but just above the 3,899 servicemembers dismissed in 2002.

For anyone interested in doing some advocacy work on this issue, you may be interested in this comment left at ABC News:

Again ... I am the mother of the 2nd solider that got interviewed by ABC nightline, I am going to start an support/protest group for these soliders that are getting this phony discharge.... If you care, help me. I want the soldiers to know the American People care and are behind them 1000 percent. Don't let this go by just gasping and not doing anything.Stand up with me and do something. These soliders are feeling ashamed and embarassed and rejected. Don't let them feel betrayed. My son is Donald Schmidt, and I am one mad mother. I will fight this to my death and I need your help. Email me at semtner60@yahoo.com. We need to organize and let the government know they must represent us, the American people, mothers, fathers, brothers and sisters. Help me get this together to show Congress and President Bush we will not settle for this treatment. Again email me at semtner60@yahoo. We must do this for our soldiers.Patrice Semtner-Myers.PS Jeff Peskoff please contact me @ semtner60@yahoo.com


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Monday, July 02, 2007

One-Third of Dishonorably-Discharged Marines Exhibit Mental Health Conditions

From USA Today:

Battle stress may cause combat-hardened Marines with clean records to get into trouble after they return home, according to new Marine Corps research. The Marines have a plan to help these troops but not the resources to implement it, said a leading mental health expert with the Corps. Stress-related misconduct can involve drug and alcohol abuse and may result in dismissal from the service and the denial of Department of Veterans Affairs services.

In the first four years of the Iraq war, 1,019 Marines were dismissed with less-than-honorable discharges for misconduct committed after overseas deployments, said Navy Capt. William Nash, who coordinates the Marines' combat stress program. At least 326 of the discharged Marines showed evidence of mental health problems, possibly from combat stress, according to the Marine study.

Nash said he urges that "any Marine or sailor who commits particularly uncharacteristic misconduct following deployment … be aggressively screened for stress disorders and treated." He said the screening results could be used to ease the tough military prosecution of misconduct in cases involving post-traumatic stress disorder. USA TODAY reported in November that veterans with less-than-honorable discharges are usually denied health care services by the VA. Nash's mental health study was conducted after that article was published.

Click on 'Article Link' below tags for one more clip...

Continuing:

The Marine Corps and Navy, which provides medical services to the Marines, have not started screening because they don't have the mental health workers to provide it, Nash said. His proposal has been pending since early this year.

The chronic shortage of military mental health caregivers is highlighted by several recent task force investigations, including one by the Defense Mental Health Task Force created by Congress last year. Co-chaired by Navy Surgeon General Donald Arthur, the task force report released last month called military mental health staffing "woefully inadequate" and complained of a continuing stigma within the military toward PTSD.


Tuesday, January 16, 2007

Personality Disorder -- Or Combat PTSD?

A recent post on the fact that 22,000 OEF/OIF troops have been discharged with personality disorder -- the same diagnosis given to Steven Green, the soldier charged with raping an Iraqi girl and then killing her and her family in Al Mahmudiyah -- stimulated quite a bit of interest. One of the questions raised: Are troops being given personality discharges in place of a diagnosis of combat-related PTSD?

Click on 'Article Link' below tags for more...

First a bit more on the Green case via Newsweek:

Green's case has helped to spur a closer look at the Army's standards for recruitment and training. Green enlisted and passed basic training at a time when the Army was under terrific pressure to bring in new soldiers and had relaxed its entry requirements. In 2005, about the time Green was accepted, the Army raised the limit on the so-called Category 4 recruits it would allow, the designation for soldiers with the lowest scores on its aptitude test. (Green's score is not known.) The Army has also been handing out more waivers—including case-by-case exceptions for criminal offenses—which increased by 3 percent last year. Basic training has slipped as well. In years past, basic was geared to "wash out" those unfit for the stresses of military life. Now it has been reformulated to keep as many recruits as possible. "What you're seeing is the reverse of what made the Army so effective," says Sen. Jack Reed of the Armed Services Committee. ...

The most recent washout numbers show a dramatic decline in standards: currently only 7.6 percent of new recruits fail to get through their first six months of service, down from 18.1 percent in May 2005, according to the latest Army figures. "That's a heck of a drop," says Leo Daugherty, the Army's command historian at Fort Knox. "The young man who got in [Green] should never have gotten in the Army. He slipped through the system." The Army says it has adapted basic training to lessons learned in Iraq and Afghanistan, and helps soldiers to improve their weaknesses. "We will get rid of those individuals who have no business being a soldier," says Col. Kevin Shwedo, director of operations, plans and training for Army Accessions Command. "We're not going to quit on a soldier when they're trainable. That's a big difference."

How about quitting on soldiers who do not appear to have had serious behavioral problems prior to enlistment but are now suffering from combat PTSD following their deployment to a war zone? Does the military stick with them?

From the Austin American-Statesman:

Soldiers suffering from the stress of combat in Iraq are being misdiagnosed by military doctors as having a personality disorder, lawyers and psychologists say, which allows them to be quickly and honorably discharged but stigmatizes them with a label that is hard to dislodge and can hurt them financially.

Though accurate for some, experts say, the personality disorder label has been used as a catch-all diagnosis to discharge personnel who may no longer meet military standards, are engaging in problematic behavior or suffer from more serious mental disorders. For returning veterans, the diagnosis can make it harder to obtain adequate mental health treatment if they must first show they have another problem, such as post-traumatic stress disorder. "It's an absolute disgrace to military medicine," said Bridgette Wilson, a former Army medic who is now an attorney in San Diego serving mainly military clients. "I see it over and over again, the dramatic misuse of personality disorder diagnosis. It's a fairly slick and efficient way to move some bodies through."

And stories coming out of Fort Carson, Colo., are far from comforting:

A government worker at Fort Carson in Colorado who has access to personnel records and who spoke on condition on anonymity for fear of losing his job said Army psychologists there have diagnosed some soldiers with a personality disorder after a single evaluation lasting 10 minutes to 20 minutes. Several soldiers at Fort Carson interviewed by Cox Newspapers said they have been given or offered the diagnosis in a handful of meetings lasting less than an hour.

The personality disorder diagnosis can result in a soldier getting an honorable discharge within days, which can be appealing for many returning from Iraq. The timing of many of the discharges, in some cases within months after soldiers have returned, appears to violate the military's rules, which say a personality disorder diagnosis should not be made if a soldier is experiencing "combat exhaustion or other acute situational maladjustments."

Personality Disorder is defined as "a deeply ingrained, abnormal behavior pattern that appears during childhood or adolescence." While a combat-related diagnosis for PTSD requires the military to invest in the continuing care of the veteran, a diagnosis of Personality Disorder does not.

A review of four soldiers' medical records at Fort Carson and records from a soldier at another post show that they were diagnosed with post-traumatic stress disorder before or after their discharge.Recommending a discharge on the basis of a personality disorder is a faster process than discharging someone for mental health problems of another nature. It requires only one military psychologist's finding, and the paperwork usually takes only a couple of days.

A diagnosis of post-traumatic stress disorder, on the other hand, must be handled by a medical review board, which must confirm that the condition stems from combat, a process that usually takes several months.

Dr. Joseph Bobrow, a former chief psychologist at Kaiser Hospital in San Francisco, said a personality disorder is one of the most difficult diagnoses to confirm, particularly when there is cumulative trauma. "I think it's ludicrous to make a diagnosis of personality disorder in a 20- to 40-minute interview," he said. "Even if you do a complete battery of psychological testing and intensive and informed clinical interviews over a week, some of those results can be and are contested in a court of law."

Some of the soldiers at Fort Carson say they had been told by Army psychologists that the Department of Veterans Affairs would take care of them if their troubles persisted. A personality disorder, however, is considered a pre-existing condition, not one related to a soldier's service, and Veterans Affairs can treat but not give disability benefits in these cases.

Many soldiers who sought mental health counseling after returning from Iraq, like former Spc. Donald Schmidt of Chillicothe, Ill., say they learned only after their discharge that they must repay part of their re-enlistment bonus based on the portion of time they did not serve — more than $10,000 in Schmidt's case.

Getting a Personality Disorder discharge also may make finding employment more difficult as employers examine the veteran's records and learn of behavioral problems noted on discharge papers.
In her 13 years in practice, San Diego attorney Wilson said she has seen dozens of Marines from nearby Camp Pendleton and soldiers from other posts separated for a personality disorder when the real reason, in her view, has been to punish a soldier, avoid paying disability benefits for a more serious condition or get rid of someone deemed undesirable.

Though some of her clients have personality disorders, she said, most who received the diagnosis and discharge had minor behavioral problems or were diagnosed with bipolar disorder or severe depression by either military or civilian psychologists. About three-quarters of her clients who have been diagnosed with a personality disorder, she said, weren't given any psychological test. Rather, she said, the diagnosis was based on a roughly 45-minute interview.

One troubling case:

For nearly a year after his return from Iraq in August 2005, former Pvt. Jason Harvey had gone without any follow-up evaluations at Fort Carson after screening positive for possible post-traumatic stress disorder and a traumatic brain injury, his records show.

After a suicide attempt in May, records show that the 23-year-old was diagnosed with depression and post-traumatic stress disorder, but in late June the Army tried to discharge him with a personality disorder. Harvey said he was told by a staff psychologist in a joint meeting with his commander that if he did not agree to an honorable discharge, the commander would pursue a punitive discharge. "They played me like a fiddle," Harvey said, adding he was wrongly told the medical retirement fell under the same category as post-traumatic stress disorder. In fact, it is a nonmedical discharge.

Also at Fort Carson, after two tours in Iraq, Schmidt, 22, told a psychologist he was feeling violent impulses as a result of marital difficulties. The decorated soldier is on guard constantly and "quick to anger" when he had not been that way before, said his mother, Patrice Semtner-Myers. Schmidt said his Army psychologist, Dr. Michael Pantaleo, made the diagnosis after several meetings lasting between 15 and 30 minutes each and never asked him questions about his behavior before joining the Army. Pantaleo did not return calls seeking comment.

Schmidt was discharged "without a dime in his pocket," his mother said. "The soldiers are often too stupid to know what they've done" when they accept the disorder or seek it, Wilson said. "They go out and discover the state police department really isn't interested in someone discharged with a personality disorder or find they have trouble getting security clearances."

Some military psychologists appear to be violating guidelines in the Diagnostic and Statistical Manual of Mental Disorders, the psychiatric manual used by the military. If a soldier complains of mental problems after returning from combat, a personality disorder is supposed to be ruled out for an unspecified amount of time because some of its characteristics, such as problems interacting with others and substance abuse, overlap with some of the hallmarks of post-traumatic stress disorder.

The Pentagon "is not familiar with the rules, or they are choosing to ignore them," said Paul Sullivan, director of programs for Veterans for America, a Washington-based nonprofit.

Every branch deals with these types of discharges differently:

Determination of personality disorder

Medical guidelines for each service:

Army: Requires a psychologist's findings.

Navy: Vague language; not clear that determination must come from a mental health professional or command.

Marines: Similar to Army rules but two forms of documents required. Same doctor must render findings on a Marine's impairment and on written nonmedical evidence to show examples of inability to function in the corps.

Air Force: Alone in requiring oversight where commanders fail to act on appropriate findings. Commander must have decision reviewed by discharge authority.

This is an issue that clearly deserves a closer look.


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Tuesday, January 02, 2007

22,000 Returning Vets Discharged With Personality Disorder

From the Salt Lake Tribune:

Since 2001, the military has discharged more than 22,000 service members from its ranks for "personality disorder," a classification once referred to as a "Section 8," according to the Department of Defense. Kathleen Gilberd, a counselor with the San Diego-based Military Counseling Project, said many service members discharged because of personality disorders, medical issues and other grounds are in fact struggling with post-traumatic stress.

About one-third of service members seeking medical treatment from the Veterans Health Administration have reported symptoms of stress or mental illness, according to a June report from the VA. Of those, about half had possible post-traumatic stress, the report said. Though those figures would appear to make combat stress the largest medical condition suffered by veterans of the current wars, the ailment is not handled the same as other injuries.

Click on 'Article Link' below tags for more...

The piece goes on to explain that if a trooper was seriously injured, losing an arm or a leg for example, then they would be ordered to Walter Reed Army Medical Center or another U.S. military medical facility. They would have to remain there until a treatment oversight board gave the green light to return to service or make a success transition to civilian life.

Even if the soldier wants to deal with his or her problems on her own, tough luck. That's not how it works with physical injuries. It's a different matter with psychological injuries, however.

But because many post-traumatic stress symptoms do not appear until months after a service member's return from combat, those with the disorder don't get the same kind of "tough love." Instead, when symptoms - including "occupational instability" - appear, service members like Smith often are discharged for failing to maintain military standards, Gilberd said.

"Often what we find is folks who are showing symptoms of post-traumatic stress disorder, symptoms which are treated as misconduct," Gilberd said. "So they are discharged by reason of misconduct, usually with other-than-honorable discharge."

Sometimes, veterans advocates say, that leaves former service members ineligible for treatment by the VA.

The article introduces the reader to Walter Smith, a veteran who served in Iraq only to come home to his dark struggles with combat PTSD. Police had to intervene once in 2004 when he held a gun to his head; he'd sought help from the VA over and over again with no relief; and he now sits in jail awaiting trial for the March 26, 2006 drowning murder of the mother of his children. Another unfortunate incident to add to the PTSD Timeline.

Wayde Broberg, Smith's former roommate and a fellow member of the Utah-based company of Marines called to duty for the invasion of Iraq in the spring of 2003, ... said he and Smith hung out with a group of about eight Marines, all of whom saw heavy fighting in Iraq and all of whom suffered from post-traumatic stress. "In our little circle of pals - we hung out together, we fought together - none of us still go to the VA because it's a waste of time," Broberg said. "Wally was the only one still trying to go."

Broberg said Smith "tried 100 different times" to get help from the Veterans Affairs medical system. "Probably two or four times a month, he'd go up to the VA," he said. "He didn't get what he was looking for."

Susan Huff, a spokeswoman for the George E. Wallen VA Medical Center in Salt Lake City, where Smith and his fellow Marines say they sought treatment, would not respond to questions about individual cases but said the number of veterans being assessed for post-traumatic stress has increased 75 percent over the past year.

With the crush of returning troops coming in for care, the ability to help every one of them is reduced.

The VA Office of Inspector General concluded in a recent report that post-traumatic stress disorder treatment at the VA "is woefully inadequate." Paul Rieckhoff, director of the Iraq and Afghanistan Veterans of America, put it another way: He called the lack of support the Utah Marines appear to have received for their illnesses "par for the course."

"There's a joke in the veterans' community: If you don't have post-traumatic stress disorder before you arrive at the VA, you'll have it before you leave," Rieckhoff said, "because you'll get so aggravated with dealing with all the red tape." ...

"There needs to be a proactive system, not one that waits for problems to develop," he said. "We can pay for the transitional care, pay for screenings and pay for a proactive approach now, or we can pay for jail cells, lawyers and trials later on."

A very sad state of veterans affairs.


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