Above And Beyond: Veterans Disabled By Military Service

Kathleen A. Tarr

Staff Attorney and Skadden Fellow at the San Francisco Neighborhood Legal Assistance Foundation

Post Traumatic Stress Disorder (PTSD) is a mental disability that is an important element of the veterans' law system. An understanding of PTSD among legal advocates may assist veteran clients in acquiring benefits available to them through Department of Veterans Affairs (VA) programs. One approach to fighting poverty within the VA system is to overcome the evidentiary hurdles that arise when veterans suffering from PTSD seek assistance. Presenting sufficient evidentiary proof of PTSD is critical because the Veterans Administration Regional Office (VARO) is required to initially approve claims supported by evidence, even if the validity of the evidence is in doubt.

VA programs allow military veterans to apply for disability income at any time after military discharge. Barring a dishonorable discharge, a veteran may be eligible for either pension or compensation disability income benefits. Once eligibility has been determined, an application must be filled out and submitted for consideration to VARO. Upon filing the application, the veteran must be prepared to support the claim for benefits. Inadequate proof is the most frequent basis for denying a veteran's claim. Regulations permit denial of benefits when the veteran does not currently suffer from a disability. Another basis for denying a claim is the failure to prove that the veteran's disability is service-connected. Legal assistance is very important in gathering evidence to support a disability benefits claim.

PTSD is an element of poverty law. An increased advocate understanding of the disorder will help to identify mentally disabled veterans and acquire the needed services for those veterans. An aggregate understanding of PTSD among legal advocates may promote veteran support services among broader communities.

Vol. V, No. 1, p. 39 (1997)

 

Revised July 17, 2003 (MD)