Personality Disorder Tag

Jim Fausone
Veteran Disability Lawyer

We have written about this tactic before. The military brands a soldier with the tag or diagnosis of personality disorder and discharges him or her from the service. About 3000 troops a year are discharged this way. Why you may ask? Because the military considers personality disorder a pre-existing problem that emerges in youth, and as a result, troops given the diagnosis are often administratively discharged without medical pay or VA disability compensation.

The Army got caught swapping PTSD diagnosis for personality disability. A general officer admitted it was to avoid the VA compensation a soldier would receive over his lifetime if he had a PTSD diagnosis. Though it is impossible to know how many veterans are disputing their personality disorder discharges, Vietnam Veterans of America, an advocacy group, with help from the Yale veteran’s legal clinic, has sued the Defense Department seeking records they say will show that thousands of troops have been unfairly discharged for personality or adjustment disorder since 2001.

If you were discharged with "personality adjustment”, contact us about seeking compensation. Read more about this problem in a recent New York Times article about a 50 year old soldier’s recent improper diagnosis.

http://www.nytimes.com/2012/02/25/us/a-military-diagnosis-personality-disorder-is-challenged.html?pagewanted=1&_r=1

Is Stolen Valor a Felony?

Jim Fausone
Veterans Disability Lawyer

It is a federal offense to lie about your military service and to claim the status of a Medal of Honor recipient when it is not true.

The Stolen Valor Act makes lying about having received military awards a federal crime. Some argue that it is not criminal to lie about such military service. Some courts have found the act is a violation of the First Amendment. The 9th U.S. Circuit Court of Appeals upheld an earlier ruling determining that a law barring people from lying about their military heroics was a violation of free speech. The 10th U.S. Circuit Court found the act constitutional. I wonder if these judges would have a different opinion if the defendant was misrepresenting they were a federal judge and expecting respect and power from such a false statement. Have we become a society that cannot draw a hard line about what is right and what is wrong? George Washington stated in a 1782 Order, “Should any who are not entitled to the honors, have the insolence to assume the badges of them, they shall be severely punished.” The U.S. Supreme Court will resolve this split between the federal district courts. Oral arguments are scheduled for this week and a decision later this year is expected. I would hope they uphold the law and keep a hard line between right and wrong.

Read more: 10th Circuit upholds Stolen Valor Act - The Denver Post http://www.denverpost.com/breakingnews/ci_19835791#ixzz1mmOJxGx8

http://www.washingtonpost.com/opinions/lying-about-winning-a-medal-of-honor-its-shameful--but-it-shouldnt-be-a-crime/2012/02/16/gIQAhpNFKR_story_1.html

Veterans & Farming

Jim Fausone
Veterans Disability Lawyer

Many men and women from rural America serve their country proudly. After service they return to uncertain employment opportunities. The unemployment rate among veterans is a national embarrassment. My home state of Michigan, known for manufacturing, also has a large agricultural base.

An article on a program for Ag Warriors caught my attention. The new Ag Warriors program in California’s Central Valley is getting launched to connect veterans and agriculture employers. Founded by the International Agri-Center, which hosts the World Ag Expo in Tulane, California, Ag Warriors has partnered with four educational institutions to develop training curriculum that mingle the veterans’ military skills with those needed to thrive in a farming career. That is creative thinking! Ag Warriors' mission is to identify, develop and place returning veterans in long-term professions in the agriculture industry following their military service.

I would hope community colleges around the nation would find a way to integrate this type of program and outreach to veterans. A future in agriculture may be just what a veteran, from rural or urban life, needs.

http://www.hobbyfarms.com/farm-industry-news/2012/02/10/ag-warriors-to-provide-ag-training.aspx

Personal Information

Jim Fausone
Veteran Disability Lawyer

We have written on this topic before. The VA has a challenge keeping personal information confidential. We have seen VA post personal information on web sites. The VA has had hackers get into its computers. The more typical breach of security is very routine - misdirected mail. This happens at all levels. We have had the wrong veterans mail show up in court files, claim files and RO mail. A Fort Myers man had someone's personal information show up in his mailbox. The man was not a veteran and he contacted VA and NBC news.

VA representative said the errors in processing or simply outdated information are often reasons why letters are sent to the wrong address. "If they move out, the first thing they should do is let the VA know so we can ensure your items are mailed correctly," VA said. "Protecting veterans information is so important to the VA, its something we take very seriously." The VA says these types of mishaps are rare and if you receive a letter not addresses to you then you should return it to sender or contact the local VA.

To watch the NBC video on this story: http://www.nbc-2.com/story/16612627/va-sends-personl-info-to-wrong-mailbox