Expert: Cynthia Bedell - 12/13/2008

Question
QUESTION: For patterns of conduct which retrospectively are symptoms of Traumatic Brain Injury and Post Traumatic Stress Disorder that occured during onset of Iraqi War when appropriate diagnosis and treatment were unavailable.  What recourse does a former service member have to get discharge changed so that they can get VA benefits?  Do you know of any attorneys that are specializing in this area?

ANSWER: Dear Jo -

You can petition the Board of Military Corrections to revise a discharge characterization.  Each service has their own process, and the Marines must use the Navy process.

There are a number of attorneys that do work in this area.  Most are based in and around Washington DC.  However, there are some good legal services for veterans all around the country.  Some states even sponsor attorneys to do pro-bono work for their veterans.

Please write back, if you have additional details, so we can discuss how to get the right assistance for the appeal.



---------- FOLLOW-UP ----------

QUESTION: Thank you Colonel.  My son was in the Army during the onset of the war as a tanker.  He rolled into Baghdad in April and was part of the bunch that got control of the airport.  I am a mental health provider and I knew right way when he came home he was PTSD Acute.  Lots of stories to tell on that note.  Anyway, for VA benefits primarily, I would like to help him get the discharge changed.  He is a resident of Alabama and I live in GA.  What is the process for the Army.  Address?  Forms?  And if you know any good attorneys I would grateful.  Thank you for your time.

Answer
Dear Jo --

Details for the Army process can be found here:

http://arba.army.pentagon.mil/

Use the simplest route that will achieve the results you need.  Since he got a BCD, and does not wish to re-enlist, but only to get the rights to his VA benefits back, the discharge review board may be sufficient.

The board can take a while to review a case (up to two years) but my experience with Soldiers in my command who I have assisted is that the board members are very fair.

Resources available in Alabama can be found here:

https://www.nationalresourcedirectory.org/nrd/public/DisplayPage.do?parentFolderId=6552

Pro bono resource:

http://www.nvlsp.org/Information/LSW/index.htm

Paid assistance and representation is available by these attorneys:

http://www.militarylawyers.org/records_corrections.htm or

http://fedattorney.com/board_of_correction.html

Good luck to you and your son.  Please write back, if other questions or issues arise.