After you submit your application for disability compensation due to PTSD, you’ll typically receive a letter from the VA asking you to write a “stressor statement.” What you say in your stressor statement can affect how your PTSD is rated—which, in turn, can affect the amount of compensation you’ll receive.
A stressor statement is a description of the experiences you had in the military that caused you to develop PTSD. Officially known as VA Form 21-0781, Statement in Support of Claim for Service Connection for PTSD, the form asks you for details about the location and description of the incident, as well as your unit assignment.
If you received a Combat Action Ribbon, a Purple Heart, or a Combat Infantryman Badge, the VA may not require you to write a stressor statement and won’t ask you to submit one.
There aren’t any “magic words” you can use to automatically get, say, 70% disability compensation for PTSD. You should instead focus on making sure that your stressor statement describes the traumatic events that led to you developing PTSD, as well as how your life has changed since your diagnosis.
Make sure to write your statement at a time when you have supportive people, such as a therapist or friend, available for you to call if you become overwhelmed. It’s difficult to sit down and write about terrible events that you don’t even want to think about or remember. You should call somebody you trust before you sit down to write your PTSD statement and then after you have finished it. This can help you to feel less isolated with your memories.
It’s ok to say what parts of your experiences you can’t remember. Most people can’t remember everything about a traumatic event because the body goes into shock and processes information in a different way than it does during non-stressful times.
You may wish to have your military records and personal communications at hand to help jog your memory. If you don’t have your records with you, you can request a copy of your service records from the VA. The records can help you remember dates and other details of what happened.
Ask friends and family members for any letters you sent them while on active duty, and check your email account for any messages you sent describing what you experienced. If you keep a diary, it can be useful to refer to your journal entries.
Take time to sit down and complete the statement at your own pace. As best you can, describe the traumatic events in the order that they happened. Say where, when, and what unit you were in when the event happened. Provide as much detail as you’re able to, and describe the feelings you had about what happened.
Don’t diminish the stressful experience you had and don’t make it seem even more severe than it was. Just say exactly what occurred and that will be very effective.
Next, describe what your life was like before you began military service. You can talk about what your relationship with friends and families was like, how you did in school, and whether you played sports or had a job. Then write about what happened after you returned home, and describe any difficulties you’ve had adjusting to civilian life. Discuss problems you have with work, school, or relationships. For instance, if you’re no longer interested in activities you once enjoyed, that’s important to mention.
Provide specific examples of your PTSD symptoms, such as “I had a panic attack when I heard a car backfire, I thought it was gunfire,” or “I heard someone scream on TV and I ran for cover.” This will be much more effective than providing clinical descriptions of symptoms that you may have learned while undergoing mental health treatment.
Finally, write about how you’re feeling about your present life and whether any treatment you’re receiving for PTSD (such as counseling or medication) is effective. If you’re not currently getting treatment, explain why not. Sign your statement, add page numbers, and staple the packet together.
You can click on the thumbnail below to find an example of a completed VA Form 21-0781 and stressor statement.
Your friends and family members have special insight into the ways that your life has changed as a result of the traumatic events you experienced while enlisted. They can write about the person you were when you entered the service and the changed person you were when you returned home.
Anybody with first-person knowledge of how your behavior has changed is a good candidate for writing a support letter. Your child could say you used to help with homework and now you sit in front of the TV drinking. Your friends could describe how you don’t feel safe leaving the house, and everywhere you go you are always looking over your shoulder, on high alert. Your spouse could describe how you wake up terrified in the middle of the night from nightmares.
You can also ask for statements from co-workers, employers, clergy, or anyone else who has seen changes in you. Even someone who has only known you since you left the service can still help by describing how you appear to be affected by your post-traumatic stress disorder.
Ask your friends and family to describe what your personality was like before you entered service and what you’re like now. Maybe you used to be very outgoing and popular, but now you avoid public spaces and don’t like to leave your house. Or perhaps you were easygoing and laid-back, and now you’re irritable and quick to anger. Any changes they’ve noticed about your relationship with your spouse or children should be included as well.
Each person who writes a letter will need to describe their relationship to you, how long they have known you, and how much time you normally spend together. They should be as honest as possible and just let the facts about your behavior speak for themselves. Make sure they sign the letter and include their full name and address.
The VA provides resources for veterans who are struggling with PTSD symptoms. You can find out more information and get access to treatment at the following websites:
For more information about the requirements for getting disability for PTSD, read our article on getting veterans disability benefits for PTSD. And when you’re ready to apply, consult our guide on applying for VA disability compensation.
Updated March 13, 2024
]]>Social Security administers two types of benefits for disabled people—Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). You can receive these disability benefits if symptoms from your PTSD prevent you from working full-time for at least twelve months.
Each program has its own legal eligibility criteria that you’ll need to meet before you can collect that type of benefit. SSDI eligibility is determined by your work history, while SSI is needs-based and requires that you meet a low income and asset threshold. It’s possible to be eligible to receive both SSDI and SSI, but you won’t receive more than the maximum amount you’d get from SSDI alone.
You can qualify for disability benefits in one of two ways—by satisfying the requirements of the Blue Book listing for trauma-related disorders, or under a medical-vocational allowance because your PTSD symptoms rule out all jobs. Either way, you’ll need to show that your PTSD has a significant impact on your ability to complete your daily activities.
PTSD symptoms can be as specific to each person as the trauma-causing event (“stressor”). Some people will think obsessively about their stressor, while others will become emotionally numb and avoid thinking about it at all costs. However, there are some symptoms that are common to many people diagnosed with PTSD, such as:
While almost everybody who has lived through a traumatic event will feel some degree of shock or fear as a result, people with PTSD have long-lasting, intense symptoms that, when left untreated, tend to get worse over time. Treatment for PTSD often includes some combination of medication, counseling, cognitive-behavioral therapy, or psychotherapy.
One method of getting benefits for PTSD is called “meeting a listing.” Disability listings are disorders that Social Security considers especially serious. Each numbered listing has a set of requirements that you need to fulfill in order to “meet the listing” and receive benefits.
The disability listing for PTSD is found under Blue Book section 12.00 for mental impairments. Listing 12.15 concerns trauma- and stressor-related disorders (such as PTSD) specifically. You can meet the listing criteria with medically documentation of all of the following:
In addition to having evidence of all of the above symptoms , you’ll need to show that you have “marked” limitations in two, or an “extreme” limitation in one, of the following functional areas:
“Extreme” limitations are worse than “marked” limitations—you can think of a marked limitation as being able to function independently in an area (but with significant difficulty), while an extreme limitation means you can’t function on your own in that area for any meaningful period of time.
You can also meet listing 12.15 if you don’t currently have any extreme or marked limitations because you’re living in a highly structured or protected setting (such as a group home) and you have limited capacity to adapt to changes outside of that environment.
Even if you don’t meet the requirements of listing 12.15, you can still collect benefits through what’s called a “medical-vocational allowance.” A medical-vocational allowance is based on how much your functional limitations restrict your ability to work, taking into consideration factors such as your age, education, skills, and residual functional capacity (RFC).
Your RFC is a set of limitations, physical and mental, on what you can and can’t do at work. Social Security looks at your medical records and function reports to determine how much your symptoms interfere with the types of jobs you can do. For example, somebody with fairly well controlled PTSD may have an RFC prohibiting loud work environments that could trigger flashbacks, while another applicant struggling with constant intrusive thoughts might have an RFC restricting them from performing even simple, repetitive tasks.
Social Security compares your RFC with your past work to see if you could return to those jobs today. If not, the agency then determines whether any other jobs exist that you could do, despite the restrictions in your RFC. People who are unable to perform any other full-time work (or who aren’t expected to learn) will receive disability benefits.
With proper medical documentation, qualifying for disability based on PTSD doesn’t have to be a challenge. The disorder is probably one of the more familiar mental impairments seen by Social Security claims examiners and disability judges, so it’s less likely that your symptoms will be misunderstood. However, you’ll still need to be on top of your game when it comes to gathering and submitting your medical evidence.
Make sure that Social Security has all the medical records related to your PTSD, including inpatient or outpatient psychiatric treatment records and clinical notes from counseling and therapy. The agency will usually request treatment records from the previous year when you file your disability application, but you should provide Social Security with all relevant records from the last several years, if not more.
You should also ask your regular mental health provider if they’d be willing to complete an RFC form or write a letter that addresses the work-related limitations caused by your PTSD. Social Security generally gives special consideration to the opinions of treating doctors, and an RFC form can make the difference between your disability claim being approved or denied. A helpful RFC form should address your ability to:
Your doctor should also state the medical basis for your limitations, and discuss whether these limitations meet the requirements of the PTSD listing. Third-party statements written by friends, family, and former bosses and co-workers can also be helpful in demonstrating that you're not able to work. The statements should focus on the third party's observations of you and their interactions with you, rather than your medical issues.
When you’re ready to begin your application for SSDI or SSI, check out our article on filing for Social Security disability benefits. If you’re a veteran who is thinking about applying for disability compensation from the VA, we have many articles discussing issues related to PTSD in veterans and military service members. And if you’re unsure whether you want to go through the application process alone, review our article on when to talk to a Social Security disability lawyer.
Updated March 8, 2024
]]>The VA provides disability compensation to veterans who have service-connected PTSD symptoms. The amount of the benefit you’ll receive is based on several factors, including your PTSD disability rating.
The VA uses a tool called the Schedule for Rating Disabilities to calculate a veteran’s percentage disability rating. Your percentage rating is based on how severely your symptoms affect your daily routine and ability to work. For example, a veteran who is incapacitated due to PTSD may be assigned a 100% disability rating, while a veteran whose symptoms fluctuate between mild and moderate may receive a disability rating of 50%.
PTSD disability percentages are assigned according to the General Rating Formula for Mental Disorders. Below is a chart that shows which symptoms need to be documented in order to get a specific disability rating.
VA Disability Rating | PTSD Symptoms |
---|---|
100% | Persistent delusions or hallucinations Grossly inappropriate behavior Ongoing danger of harm to self or others Inability to perform daily activities Disorientation to time or place Memory loss of names and occupations for close friends, family, or self |
70% | Suicidal ideation Obsessive rituals Intermittently illogical speech Near-continuous panic or depression Impaired impulse control Spatial disorientation Neglect of appearance or hygiene Difficulty adapting to stressful situations Inability to maintain relationships |
50% | Inability to express emotions Difficulty expressing thoughts coherently Panic attacks more than once per week Trouble understanding complex commands Impaired short- and long-term memory Poor judgment and abstract thinking Disturbances in motivation and mood Difficulty maintaining relationships |
30% | Depressed mood Anxiety Feelings of suspiciousness Panic attacks less than once per week Chronic sleep impairment Mild memory loss, such as forgetting directions or recent events |
10% | Transient symptoms that occur only during periods of significant stress, or that are controlled with medication |
0% | A formal diagnosis of PTSD, but symptoms aren’t severe enough to affect social functioning |
The VA uses your percentage rating to help calculate how much you’ll receive in disability compensation. (A 0% rating doesn’t entitle you to disability compensation benefits, but does give you access to other important benefits, such as health care.) To determine how much your monthly disability benefit will be, review the 2023 veterans disability compensation rates.
Before the VA can assign you disability benefits for PTSD, you’ll need to show that there was a link between an event that occurred during service and your current symptoms. Proving that link is called establishing a service connection.
PTSD can be directly service-connected, meaning that it was caused by something that happened while on duty, or it can be an aggravated service connection, meaning that it existed before you enlisted but got worse because of something that happened during your service.
Veterans used to have to provide documentation that the in-service event (“stressor”) that caused the PTSD had occurred, which was often a challenging and time-consuming process.
But in 2010, the VA eased the requirements for getting disability compensation due to PTSD. Since then, veterans submitting claims for VA disability benefits don’t need to document that the stressor occurred to establish a service connection. Instead, they can show:
The requirements apply to all veterans who have PTSD as a result of “fear of hostile military or terrorist activity,” not only veterans who saw combat. Note that the VA won’t establish service connection if the department finds “clear and convincing evidence” that the stressor didn’t occur, but that standard is a high bar, so most veterans with PTSD won’t need to worry.
Events other than military service can cause PTSD, such as serious accidents, domestic abuse, or natural disasters. As a result, some veterans may have already been diagnosed with PTSD prior to entering service, and can’t qualify for disability on the basis of direct service connection. But if a stressor that occurred while on duty made your PTSD symptoms worse, you can still qualify for benefits by establishing an aggravated service connection.
Establishing an aggravated service connection is trickier than proving a direct service connection. You’ll need to get a medical opinion from a doctor stating that the stressor likely aggravated your PTSD —simply showing that your symptoms got worse won’t be enough.
If your PTSD wasn’t noted in your entrance medical exam, you’ll also need to provide medical evidence showing that you were diagnosed or treated for PTSD prior to enlistment.
The VA provides several methods for you to apply for disability compensation. You can submit your application online, by calling 800-827-1000 from 8 a.m. to 9 p.m Eastern, Monday through Friday, or by printing out and mailing VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, to the following address:
Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444
Survivors of military sexual trauma (MST) can check with their VA regional office to see if there is an MST specialist who can assist with the application. For more information, see our article on applying for VA disability benefits.
The VA recognizes how widespread post-traumatic stress disorder is among veterans and provides counseling services for veterans suffering from PTSD. You can learn about PTSD counseling programs at the VA website. The VA also has specialized counseling programs for survivors of military sexual trauma.
For more information on getting help with PTSD, see Nolo's section on help for veterans with PTSD.
Updated June 19, 2023
]]>Not necessarily. Your VA PTSD doctor works for the Veterans Health Administration, but disability compensation decisions are made by a separate branch of the VA called the Veterans Benefits Administration. If your VA doctor says you should be awarded benefits for PTSD, that’s no guarantee that the Benefits Administration will agree.
Even when VA doctors are willing to write a letter in support of your PTSD claim (many are not), their opinion doesn’t often have much sway. The Veterans Benefits Administration will review your claim for benefits without speaking with your primary care physician or any specialists that you see.
The only time a VA doctor can write a medical opinion about your claim is after they conduct a Compensation and Pension (C&P) exam, where you get your disabilities evaluated. You’ll have a C&P exam scheduled for you if the agency needs more information about your PTSD in order to make a decision about your VA claim. Chances are you won’t know the doctor you’re sent to.
Independent medical opinions—also known as private medical opinions, because they come from a private (non-VA) doctor—can help a veteran establish a nexus between their PTSD symptoms and one or more events that occurred during their military service. Establishing a nexus through medical evidence is a key step in getting your VA claim for PTSD approved.
A private medical opinion from a doctor who has treated you for PTSD and knows your specific medical history can help you get your VA claim approved earlier in the process, including after your first application. The opinion can also be used to strengthen your claim if you received an unhelpful C&P exam from a VA doctor, or can help you get benefits quicker on appeal. In some complex cases, having an independent medical opinion may be the only way to have a successful claim for PTSD.
Sometimes a private psychiatrist or another doctor who has treated you for PTSD will voluntarily write a medical opinion supporting your VA claim. Or they may be willing to complete a public disability benefits questionnaire, also known as a DBQ medical opinion. (A DBQ can also help you increase your PTSD disability percentage rating after you’ve been approved for benefits.)
If you receive all your health care at the VA, it can be harder to get a private medical opinion for a PTSD VA claim. In these cases, you must pay a doctor to review the VA records and write a letter or DBQ opinion.
Many veterans are short on cash while they’re waiting for their disability compensation to be approved. If you’re stretching your dollars, you might not have the money to pay for a doctor’s opinion about your PTSD. Consider asking your Veterans Service Officer if they know of a PTSD doctor who can help you for free or on a sliding payment scale.
If you do have a doctor who will be writing a medical opinion for you, make sure to give the doctor the following information to review:
The psychiatrist or doctor should start the letter by talking about how long they’ve known you and what kind of treatment they’ve provided to you. Your doctor should also discuss their qualifications and credentials. A doctor who specializes in PTSD—such as a psychiatrist—can have more influence with the VA than a doctor who is unfamiliar with your type of condition.
Then the doctor should switch their focus to you and your medical history. Your doctor should discuss:
When addressing the above topics, your doctor should refer to the medical records they used to arrive at their opinion. Doing so shows the VA that the doctor’s opinion has a foundation in tests and observations.
Most importantly, the doctor should include any events or incidents that occurred during active duty that may have caused or worsened your PTSD. The VA needs to see a link between your military service and your PTSD, so the doctor should explain why they believe a connection exists.
Doctors should also mention that they have reviewed your PTSD VA claims file so that the VA knows they’re familiar with your medical records (and will take their opinion seriously). For doctors that don’t specialize in PTSD, ask them to include part of their curriculum vitae (resume) that demonstrates their experience with mental health. This is important because the VA will value a doctor's opinion more if they are especially knowledgeable about PTSD.
Even if you submit a private medical opinion for your PTSD claim, the VA might reject it for several common reasons:
If you submit a medical opinion and the VA rejects it, the agency will provide a detailed explanation why, and you have the right to appeal the VA’s decision.
To submit private medical evidence for a PTSD VA benefits claim, you should first obtain your medical records from any private health care provider who has treated you for PTSD or related symptoms. There are two options for collecting and submitting this medical evidence to the VA:
Carefully review all medical records before you submit them in your VA disability case and make sure they include all relevant information related to your PTSD symptoms, such as diagnostic test results, treatment plans, and progress notes.
To understand more about what you need to prove to be approved for disability compensation for PTSD read Nolo's article on getting disability compensation for PTSD.
If you need help starting your claim for PTSD from the VA—or you’ve received a denial and want to appeal—consider getting help from an experienced disability attorney. For more information, see our article on hiring a VA-certified veterans disability lawyer.
Updated April 21, 2023
You may, as many service members with PTSD do, begin using alcohol or drugs to cope with your symptoms. This can lead to more serious conduct problems, which can potentially lead to a dishonorable discharge. If that happens, you will be unable to obtain any benefits from the VA once your return home. Contrary to popular opinion, you will not receive any discharge upgrade automatically after six months.
If you think you may have PTSD, it's usually in your best interests to seek treatment for it while still in service.
Getting an in-service diagnosis of PTSD can help you avoid a dishonorable discharge and help you get veterans disability benefits and VA health care.
Service-connected benefits. An in-service diagnosis will help you prove your disability is service-connected if you later seek disability compensation, as well as help establish an early effective date for disability benefits.
Effective date. Recently discharged veterans are allowed an earlier effective date for disability compensation than others. Usually a veteran's effective date is the date of the application for disability benefits, but if you apply within one year of discharge, the effective date of your benefits will be the date you were discharged, if you can prove you were disabled on that date.
Willful misconduct. If you are diagnosed with PTSD while on active duty, this can help to protect you from being refused VA benefits on the basis of willful misconduct. If you act inappropriately, having a PTSD diagnosis can establish that your misbehavior was not intentional but was instead a symptom of your illness. For example, if you get into frequent fights because of PTSD and this leads to serious injuries, your in-service diagnosis of PTSD can help to prevent the VA from refusing to provide you with any benefits based on your misconduct.
A diagnosis of post-traumatic stress disorder is unlikely, alone, to bring an end to your military career. In fact, in the absence of treatment, you may develop behavioral problems that will themselves harm your career. In some cases, seeking help can help to protect your career. It can be seen as positive that you sought treatment instead of allowing symptoms to worsen and develop into performance problems.
It is likewise a myth that you will lose your security clearance if you are diagnosed with PTSD. Again, the fact that you sought treatment can, in fact, be seen as a positive and actually support the procurement or maintenance of your security clearance. Types of actions that will impede a security clearance include committing a crime or assisting the enemy.
If you believe you are suffering from PTSD, request a medical examination. You need an official diagnosis of post-traumatic stress disorder in your military records to protect your discharge and your rights to veterans benefits.
Do not wait to request a medical exam until a negative discharge is imminent. Request it as soon as possible when you recognize symptoms.
If you say you have PTSD, the military is required to give you a medical examination to evaluate whether you have PTSD before pushing you out of the service on dishonorable terms.
Due to a high volume of PTSD among service members in the Middle East, the military is making efforts to screen for PTSD more effectively. Standards are being put in place for military medical clinicians to follow. An example is the U.S. Army Medical Command guidelines for standardized PTSD assessment and treatment issued in April 2012. Similar efforts are underway in other branches of the military.
These guidelines specifically state that your lack of prior treatment should not be used against you and acknowledge that many service members do not seek treatment for PTSD for fear of harming their careers.
Do not provide any information to a military doctor that can be used against you. Remember that the results of the examination will not be kept confidential. Do not volunteer any information about crimes you may have committed, drug use, or homosexual conduct, all of which can be used to subject you to a court-martial and dishonorable discharge.
If you have developed PTSD as a consequence of military sexual trauma (MST), please consider reporting the sexual assault or harassment and seeking medical treatment for it. Go to a private medical provider if you prefer not to seek treatment from the military.
Despite some changes in VA regulations, it can still be quite challenging to obtain benefits due to MST. The stigma against reporting these sexual assaults is significant, yet creating a paper trail can help you if you receive a negative discharge and need to seek an upgrade. (Keep copies of all documents relating to the MST and other evidence, don't wait and request them later as they may go "missing.")
This is important because, unfortunately, those on active duty who report sexual assaults may receive a dishonorable discharge, be released on a disqualifying disability discharge (for example, a personality disorder, which is not eligible for disability compensation), or receive other retaliation.
The Ruth Moore Act of 2013 currently before Congress would make it much easier to obtain benefits by requiring only a statement from the survivor of the sexual violence that it had occurred and eliminating the need for corroborating evidence. If the Ruth Moore Act is implemented, survivors of MST will need only submit a "stressor statement" about the sexual harassment or assault to establish that the violations occurred. This will make the benefits adjudication process for post-traumatic stress disorder due to MST the same as the process for all other PTSD disability claims.
If your post-traumatic stress disorder is very severe, you may wish to seek to be discharged from the military on the basis of a PTSD disability. You cannot apply for such a discharge; instead it must be recommended by a military doctor. Your doctor might recommend a disability discharge if your psychological symptoms substantially impair your ability to serve.
]]>If you pled "guilty," your opportunities to appeal your conviction are limited. But if you pled "not guilty," there are several appeal opportunities. For example, if the court that convicted you did not recognize PTSD as an illness, this can be a ground for appeal. Or, if you were convicted in a state that recognized PTSD as a legitimate ground for self-defense or an insanity defense and the judge failed to recognize these arguments as even legally possible, this may be a ground for appeal as well.
If you do not have the grounds to appeal your conviction, you may still have grounds to appeal your sentencing. You will need the advice of an attorney to know if this is possible.
In certain states, there are some limited opportunities to obtain a reduced sentence based on post-traumatic stress disorder. Having PTSD from military service can be a mitigating factor. For example, if your PTSD was not diagnosed until after sentencing, your lawyer may be able to argue that you would have received a lesser sentence had it been known (in certain state courts). Or, the argument could be made that you would not have been convicted had your PTSD been known about and introduced during trial.
If you suffered from PTSD prior to trial, but your lawyer did not discuss your PTSD in court, then you might be able to get a new lawyer who could argue that your first lawyer was not competent.
Even in states where these arguments are possible, there are strict deadlines for when these arguments can be made.
There are also limited time frames during which a new trial can be requested if your PTSD was not raised as a defense at your first trial. Know, however, that it is very rare for any defendant (not just veterans) to be granted a new trial.
Lawyers can sometimes request a new trial based on new evidence (evidence that wasn’t known during trial) or can ask to withdraw a guilty plea (if you made one). So if your lawyer can honestly state that he or she was not aware of your PTSD, and through diligent effort could not have become aware of your PTSD, then you may have a good argument for a new trial.
Beware: new trials can sometimes result in a more severe sentence than you received in an initial trial. You will need to rely on the advice of a criminal defense attorney in this matter.
If you have no grounds for appeal or you have lost all of your appeals, you may be able to challenge your conviction using a procedure called "habeas corpus." There are strict time limits for requesting this procedure, typically one year from the date of the final appellate (appeal court) decision. Any issues already raised in your appeal cannot be raised a second time under habeas corpus.
Basically, the habeas corpus procedure lets you raise violations of your rights under the Constitution. For example, if your lawyer was aware of your PTSD and didn’t raise your PTSD as an issue during the trial or sentencing, you may be able to file a habeas corpus petition arguing that you had ineffective assistance of counsel. This is a limited procedure that you will want to discuss with an attorney.
If your sentence has been handed down already, and it includes jail time, having PTSD can help you get sentenced to a jail where a treatment program is available. But this is true only in state courts; if you are tried in federal court, the judges will not have any ability to be lenient with you. That is because federal judges are required to follow strict sentencing guidelines and are not permitted to take your military service into consideration.
If you are sentenced to a jail term and you are currently receiving VA benefits, or would like to apply for them, you should be aware of how the VA handles benefits for incarcerated veterans. Read Nolo's article about how being in prison can reduce your VA benefits.
The opportunity for early release through parole is often not available. But if you are in a state that allows for parole and you receive treatment for your PTSD while incarcerated, your lawyer can argue that you are less likely to commit future crimes based on your mental health treatment. It will be important to have evidence and/or testimony from your treatment providers (for instance, psychiatrists and psychologists) at your parole hearing, and to demonstrate to the parole board your commitment to continuing your mental health treatment after your release from prison.
If you haven’t had any treatment, it can still be useful to present evidence about your PTSD and your plans to receive treatment post-release.
If the jail you are in doesn’t offer any treatment programs for PTSD, you may be able to request a transfer to an institution that does offer such a program. Or, you could contact your local VA Transitional Program (see below) to ask if they can start a PTSD treatment program in your facility.
The VA and the U.S. Department of Labor offer transitional programs to help veterans getting released from prison to transition back into society. Take advantage of these programs to help you successfully move back into your community.
The Health Care for Reentry Veterans (HCRV) program is operated by the VA and provides support for community needs (not just health care needs) to incarcerated veterans leaving prison. Each state has reentry specialists who provide outreach and assessment services. To find a specialist in the state where you're incarcerated, use theHCRV Directory. Reentry specialists can help you find a home, a job, and provide you with services you may need, such as counseling, medical care, or social services.
To do some planning on your own, use the HCRV state specific resource guides.
The Incarcerated Veterans Transition Program (IV-TP) is coordinated by the Veterans’ Employment and Training Service (VETS) of the U.S. Department of Labor. This program does not provide direct services; rather it provides grants to local organizations that provide support services to incarcerated veterans.
The purpose of these grant-funded programs is to help you find a home and a job as you are preparing to be released from prison and to counsel you and connect you with services as you make the transition back into society.
To be eligible to receive services from the Incarcerated Veterans Transition Program you must be scheduled for release from prison with 18 months, have served on active military duty, and have received a discharge under conditions other than dishonorable.
Not all states offer these programs, but some do. For a list of programs by state, see the guide “Planning for Your Release: A Guide for Incarcerated Veterans“. This guide is produced for the Veterans’ Employment and Training Service by the National Coalition of Homeless Veterans.
You can also request information about local transitional programs by writing to the Veterans’ Employment and Training Service.:
U.S. Department of Labor
Veterans Employment and Training Services
200 Constitution Avenue, NW, Room S-1325
Washington, DC 20210
If you were arrested but haven't yet been convicted of a crime, read Nolo's article on help for veterans suffering from PTSD who are accused of crimes.
1 | 2
This article includes only a very general discussion; it is critical to obtain the services of a local attorney who has experience with criminal law, and ideally, who has previously worked with veterans and with individuals suffering from post-traumatic stress disorder. To locate an attorney to help you defend yourself against criminal charges, use our attorney database.
If you've already bee convicted, read Nolo's article on help for veterans with PTSD who've been convicted of a crime.
Most criminal cases are resolved by plea agreements. This means you do not have a trial; instead, the prosecutor and your defense attorney work out a deal. You agree to plead guilty and in return, you do something for the prosecutor. This could mean agreeing to plead guilty to a lesser crime than you were charged with, receiving a shorter jail term, and other options.
When your lawyer is negotiating a plea agreement for you, and especially when you have been charged with a non-violent crime, the fact that you have PTSD can work in your favor. In some cases, you could be ordered to be on parole and receive in-patient treatment rather than go to prison. In that case, you might even have the option to have the offense “expunged” (meaning, erased) from your record, or perhaps the prosecutor will agree to charge you for a less serious offense than the one you were arrested for.
More rarely, a prosecutor may agree to drop the charges altogether. This might occur if you don’t have a criminal record, your criminal conduct was out of character, the crime you committed was not violent, and you have admitted your fault and are receiving treatment.
If your lawyer and the prosecutor aren’t able to reach a plea agreement or the plea agreement is not acceptable to you, then your case will go to trial. In this case, the fact that you have post-traumatic stress disorder might be used as a defense at trial.
For example, if you have a diagnosis of PTSD and you mistakenly fired a gun at someone under the mistaken belief that you were in a war zone, then your PTSD can be used to help you in defending yourself in court. There are a couple different defenses your attorney can use.
First, however, your lawyer must be able to prove that you legitimately suffer from the disorder. (See Nolo's article about getting SC disability compensation for PTSD for a discussion about how to identify whether you have PTSD.) Likewise, the crime you committed must somehow be linked to your PTSD; otherwise your lawyer can’t legitimately raise a PTSD defense while defending you.
In most states, you can be found not guilty by reason of insanity. Generally, this means your lawyer must prove not that you are insane but that you didn’t understand that your actions were wrong, and it primarily applies to violent crimes. The law varies a great deal by state, so it is important to consult with a local attorney.
If the insanity defense is successfully used in your case and you are found not guilty due to insanity, this does not mean you will be free to go home. In most cases, you will be sent to a mental health institution for the duration of your sentence.
If your PTSD symptoms caused you to truly believe you were in danger and needed to act to protect your life, you might sometimes be let off on the basis of self-defense. But this will work only if your lawyer can prove that you legitimately believed you were being attacked when you acted violently.
If you are convicted, being a veteran with a diagnosis of PTSD can help you appeal the conviction, get a reduced sentence, or be eligible for early parole. Read Nolo's article on veterans suffering from PTSD who are convicted of crimes to learn more.
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