A Connecticut veterans’ leader Monday filed a federal class-action lawsuit on behalf of Army veterans nationwide who, like him, were given less than honorable discharges for behaviors later attributed to Post Traumatic Stress Disorder (PTSD). Stephen Kennedy of Fairfield, a lead plaintiff, is a decorated Army veteran and a founder of the state chapter of Iraq and Afghanistan Veterans of America. In the suit, he claims the Army isn’t following a Pentagon policy to make it easier for veterans with PTSD to upgrade their discharge statuses. The suit, filed in U.S. District Court in Bridgeport, is asking the court to order the Army to properly apply the policy. Issued by former Defense Secretary Chuck Hagel, the policy directs military review boards to give “liberal consideration” to veterans whose service-connected PTSD is diagnosed after discharge. A second plaintiff, Alicia J. Carson, a former Connecticut resident who was in the Army and the National Guard and now lives in Alaska, is also named in the lawsuit.
Two national veterans’ advocacy groups filed a lawsuit Wednesday against the U. S. Department of Veterans Affairs, saying it discriminates against victims of military sexual trauma who are seeking VA disability benefits. The suit was brought by Service Women’s Action Network (SWAN) and Vietnam Veterans of America (VVA). They want the VA to change what they consider to be burdensome regulations governing claims for Post Traumatic Stress Disorder (PTSD) that are based on rape, sexual assault, or sexual harassment. They cite substantial gaps between benefit approvals for these claims compared to higher approvals for other PTSD claims.
The Yale Law School Veterans Legal Clinic is representing the plaintiffs and filed the suit in federal court in Washington, D.C.
The plaintiffs are asking that the rules conform to those governing PTSD claims based on combat trauma, Prisoner of War status, and fear of hostile military or terrorist activity, which are less stringent than those based on Military Sexual Trauma (MST) and are also situations that pose difficulty in obtaining corroboratory evidence. “The VA knows the current process makes veterans who’ve been harmed by military sexual harassment and assault jump through more hoops than other PTSD claimants,” said Anu Bhagwati, SWAN executive director and a former Marine Corps captain.