Soldiers sue for benefits after non-honorable discharges related to PTSD

Hyper-vigilant during his military stint in Iraq, always on the alert that he was in danger of being killed, Steve Kennedy found he could not turn it off.

An Army soldier who had led several teams during his time in Iraq, and won numerous awards, Kennedy uncharacteristically started using alcohol and putting himself in dangerous situations, hoping to get hurt.

Diagnosed with major depression they could not treat, the military gave Kennedy a less than honorable discharge blamed on an absence without leave to attend his wedding. Once out of the service he was diagnosed with severe post-traumatic stress disorder.

According to RAND, 20-30% of veterans are diagnosed with PTSD. (Courtesy photo illustration)

Alicia Carson took part in more than 100 missions in less than 300 days with an Army Special Forces unit in Afghanistan, and served in combat on a regular basis. When she returned home, she was found to have PTSD and a traumatic brain injury.

After presenting a physician’s diagnosis, she asked to be excused from National Guard drills. The National Guard then discharged her with a less than honorable discharge because of her absenses.

The two Army veterans filed a federal class-action suit April 17 asking that the Army Discharge Review Board give “liberal consideration” to their PTSD diagnoses as former Secretary of Defense Chuck Hegel had instructed in 2014.

They are being represented by supervisors and student interns at the Jerone N. Frank Legal Services Organization at the Yale Law School.

Kennedy, U.S. Sen. Richard Blumenthal, members of the Yale Law School team and others held a press conference on the suit at the law school after it was filed with U.S. District Judge Warren W. Eginton in Bridgeport’ federal court.

Kennedy and Carson are filing on behalf of themselves and more than 50,000 similarly situated former military personnel.

In 2014, only 42% of veterans were enrolled in the VA. (Veterans Affairs photo)

Blumenthal had worked with the former secretary of defense to put in place the Hegel memo to correct discharges that were based on actions tied to brain trauma and PTSD.

“This cause is a matter or justice, plain and simple. …Steve Kennedy has been through hell. The special hell of a bad paper discharge resulting from post-traumatic stress, one of the invisible wounds of war,” the senator said.

He introduced Conley Monk, a Vietnam veteran, who was part of a different war but experienced the same bad papers due to actions committed while suffering from PTSD, something that was not even recognized medically in that era.

Monk, however, benefitted from the review board following Hegel’s memo after a lawsuit filed against the Department of Defense.

Also read: 5 things military spouses need to know about PTSD

Blumenthal said the discharges resulted in a stigma for both of them and Carson, as well as a loss of benefits.

Kennedy has since put himself through school and is expected to get his doctorate this year in biophysical chemistry at New York University. With an honorable discharge, he would have been eligible for $75,000 in benefits he never received.

The senator said a lawsuit should not have been necessary to move the review board to do the right thing and follow the law.

“The Department of Defense has failed to provide the relief the law requires,” Blumenthal said.

The Army does not comment on pending lawsuits.

Blumenthal said he has spoken to Secretary of Defense James Mattis about this issue.

“He has been sympathetic, but these men and women are not seeking sympathy. They want real results. …They deserve consistent standards and fair treatment,” he said. Blumethal said they are not seeking any financial renumeration.

Kennedy lives in Fairfield, while Carson lives in Southington. She was not at the press conference.

Related: Not all PTSD diagnoses are created equal

Carson suffered from severe PTSD-related symptoms, such as nightmares, loss of consciousness, loss of memory, trouble sleeping, irritability, feelings of being dazed and confused, and photosensitivity, a vision problem recognized as a symptom of traumatic brain injury.

Jonathan Petkun, who is among the law students representing Kennedy and Carson, is also a former Marine and a veteran of Iraq and Afghanistan.

“With this lawsuit, we are asking the Army to live up to its obligations and to fairly adjudicate the discharge upgrade applications of individuals with PTSD,” he said.

Petkun said since 2001, more than 2.5 million military personnel have served in Iraq and Afghanistan, with more than half deployed more than once. At the same time, some 20 percent are estimated to be suffering from PTSD or PTSD-related conditions.

“Instead of giving these wounded warriors the treatment they deserve, too often the military kicks them out with less than honorable discharges based on minor infractions, many of which are attributable to their untreated PTSD,” Petkun said.

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