Vietnam Veterans Can Now Apply for PTSD-Related Discharge Upgrades | Law Firm Newswire

Vietnam Veterans Can Now Apply for PTSD-Related Discharge Upgrades

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

Northville, MI (Law Firm Newswire) October 28, 2014 - Thousands of Vietnam veterans may become eligible for benefits, thanks to new rules that help veterans appeal less-than-honorable discharges that were caused by conduct related to post-traumatic stress disorder (PTSD).

According to a Department of Defense memorandum from United States Secretary of Defense Chuck Hagel, PTSD should now be considered a mitigating factor in the review of discharge status.

The memorandum also instructs that time limits be liberally waived in these cases so that Vietnam veterans can apply. PTSD did not become an official diagnosis until after 1980. As such, Vietnam veterans could not claim PTSD disability at the time of their discharge.

“These new rules are long overdue,” remarked Jim Fausone, a Michigan veterans disability lawyer. “These veterans have spent decades unable to access an array of basic benefits, including health care. Their lives have been marked by this injustice.”

According to the New York Times, a Department of Defense spokesperson said that those who become eligible will receive benefits retroactive to their first rejected claim.

Veterans applying for a discharge upgrade based on PTSD will need to provide evidence of several facts, reports the Times. They will need to demonstrate that PTSD symptoms occurred at the time of the conduct that led to their discharge, that the PTSD was service-connected and that the PTSD contributed to their discharge status.

The memorandum from Hagel provides liberal standards for evidence proving these facts. Military news analysts believe that the relaxed standards will help Vietnam veterans, many of whom may not be able to find or access significant documentation of something that first occurred decades ago.

“Veterans should know that they can work with legal representation when filing for a discharge upgrade,” said Fausone. “The process can be complex, and a legal representative can help ensure that all the right facts are included in the application and that the filing is completed correctly.”

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

  • Veteran Caregivers Face Unique Challenges
    <p>Many veterans return home from military service with health issues that necessitate a daily caregiver to help them do certain tasks. Often this caregiver is a spouse or other close family member, helping to make their loved one’s life after injury or illness better and recovery easier. Little was known about the personal impact this […]</p>
    <p>The post <a href="https://www.legalhelpforveterans.com/2020/12/01/veteran-caregivers-face-unique-challenges/" target="_blank">Veteran Caregivers Face Unique Challenges</a> first appeared on <a href="https://www.legalhelpforveterans.com/" target="_blank">Legal Help For Veterans</a>.</p>
  • Covid-19 Shutdowns Potentially Linked to a String of Veteran Suicides
    <p>Since the beginning of the March 2020 shutdowns to help slow the spread of COVID-19, many have worried about the unintended side effects on people’s mental health. Veterans especially could be vulnerable to the isolation that comes along with quarantine. This could have played a role in at least three recent veteran suicides.  All three […]</p>
    <p>The post <a href="https://www.legalhelpforveterans.com/2020/11/24/covid-19-shutdowns-potentially-linked-to-a-string-of-veteran-suicides/" target="_blank">Covid-19 Shutdowns Potentially Linked to a String of Veteran Suicides</a> first appeared on <a href="https://www.legalhelpforveterans.com/" target="_blank">Legal Help For Veterans</a>.</p>
  • 7 Healthy Sleep Tips for Veterans
    <p>Healthy sleep habits – also referred to as having good sleep hygiene – can make a big difference in your quality of life. Despite its importance, studies suggest roughly 76-89% of veterans are sleep deprived. Recognizing this, Legal Help For Veterans has gathered a list of 7 Healthy Sleep Tips for Veterans to help you […]</p>
    <p>The post <a href="https://www.legalhelpforveterans.com/2020/11/19/7-healthy-sleep-tips-for-veterans/" target="_blank">7 Healthy Sleep Tips for Veterans</a> first appeared on <a href="https://www.legalhelpforveterans.com/" target="_blank">Legal Help For Veterans</a>.</p>
  • Important Evidence to Include in a VA Disability Claim
    <p>Evidence is a critical part of a VA disability claim. Without it, there will be no way to establish a connection between service and the disability and benefits will not be awarded. The VA will review all submitted evidence before deciding on the claim, so it is important to gather the necessary information and supporting […]</p>
    <p>The post <a href="https://www.legalhelpforveterans.com/2020/11/17/important-evidence-to-include-in-a-va-disability-claim/" target="_blank">Important Evidence to Include in a VA Disability Claim</a> first appeared on <a href="https://www.legalhelpforveterans.com/" target="_blank">Legal Help For Veterans</a>.</p>

Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required