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Helping Vets In Prison

By Ray Parrish

The Coalition for Prisoner Rights newsletter did an article on my work and the letters from vets in prison started flowing in. I'm trying to find help for these vets in their own areas for discharge upgrade and VA claims and setting up vet rap groups. Contact me if you're aware of such resources or are interested yourself. I've handwritten replies to them all on the back of the following information:

VA Benefits and Incarcerated Veterans

Incarcerated vets can receive and apply for VA benefits and appeal any denial. Once the vet submits evidence to support a claim, the VA must arrange for any exams needed to make a rating decision. The VA will reduce the payment of service connected disability compensation on the 61st day of incarceration after guilt is pronounced for a felony. Those receiving 10% ($117/mo in 2008) will have it cut in half. Veterans getting 20% ($230/mo) or more will have payments reduced to 10%. This pay reduction does not reduce the disability rating. Veterans getting non-service connected Pension will get none of it after the 61st day of incarceration for either a felony or misdemeanor. The balance of benefits not paid to the veteran while incarcerated can be apportioned to family members upon request by either the veteran or family. Veterans will get benefits restored after release.

Less than honorable discharges are routinely used by the VA to deny benefits. Most are the result of severe, untreated Post Traumatic Stress Disorder or anxiety, depression, bi-polar, personality disorders etc. The mental disorders caused many veterans to commit the misconduct that lead to the bad discharge. Properly worded psychological evaluations explaining this cause/effect can be used to get the VA to make a "character of service" determination that would allow them to ignore an OTH or UD or a BCD (not given at a General Court Martial) by admitting that there was no dishonorable service after the vet's ability to serve honorably was taken away by the service connected problem. This also will allow the VA to service connect the disability and provide treatment and disability benefits. Direct service connection can be shown if medical records show symptoms were present during service or within a year of discharge and a medical opinion says that the current disability is a continuation of those symptoms. PTSD can be service connected years after service if there is evidence of military trauma and there's a PTSD diagnosis. The same evaluations can be submitted to the military as evidence that a discharge should be upgraded to honorable or medical. With the evaluations, the veteran should submit a narrative explaining his/her actions and asserting that the misconduct was caused by inappropriate and unfair treatment.

Incarcerated veterans should demand and document treatment. Vets should also form their own self-help groups where they can share good ideas about dealing with symptoms and help each other recover. Records should be kept of these sessions.

Standard Form 180, "Request Pertaining to Military Records," can be used to get copies of personnel records, including OTH/UD case separation files, court martial transcripts, investigative reports, clinical treatment records, rehab records, sick-call medical records, ships' logs and unit histories. Give dates and places when appropriate. Make a copy before mailing. Follow-up requests may be needed.

Ray Parrish (Sgt., USAF, 72-75) is VVAW's military counselor.