Veterans' Advocate Jim Strickland on the Supreme Court's decision that capital cases must consider PTSD from military service.

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COMMENTARY: MURDER BY PTSD

by Jim Strickland

An attorney friend, Katrina Eagle, recently shared this with me
http://tinyurl.com/ybf8so5

If you'll take a moment to read and absorb that commentary you may feel a bit like I did at first; somewhat conflicted.

I am not a combat veteran. I never came close to being shot at or having to shoot at anyone. However, I was raised within the world of combat veterans. My father has Purple Hearts from his meritorious actions in Korea and Saipan, Tinian and Iwo Jima. He carries the scars and he still has shrapnel embedded in his body that will go to his grave with him.

Dad is a Marine's Marine. He's of the "Old Corps" and retired after his 20 as an E-9. During those years growing up in his world, I didn't understand exactly what use anyone had for those "civilian" people. Every adult I knew was a combat veteran from WWII. They were all very close. Some were rougher than others, they drank a bit or maybe they exhibited a lot of anger. I didn't know then, and neither did they, that they exhibited what we'd call PTSD today. The behavior generally wasn't extreme and it was accepted so life went on.

I can't remember any of them asking for any particular concessions though. If they were drunk and in a fight, my memory says they were confined to the brig. My dad rarely spoke of his combat and when he did it was with regret that it had to be done. He never drank though and such things as drugs weren't even thought of. He had done his job with his weapons and he'd survived so it was over and time to move on. That was the attitude I felt from all his friends and all his friends had been there with him in combat.

The article, "Post-combat stress as a defense" bothers me a bit. While I understand that combat isn't ever pleasant or easy, I'm not sure that it's a reason to offer leniency to someone who murders others in what appears to be an old fashioned lover's triangle. Murder among lovers isn't an unusual event and it's pretty rare that a veteran is involved.

I replied to Katrina and I now share that reply with you.

from: Jim Strickland
to: Eagle
date: Tue, Dec 1, 2009
subject Re: Fw: Supreme Court on PTSD

Katrina,

That is interesting, thanks for sharing. I'm compelled to comment and to reiterate a discussion that we had months ago.

This is one more action by government that points to the failings of the VA. Once again, the VA didn't do the job it's chartered to do and in the report, nobody noticed that obvious point.

You and I have talked of the push in San Diego, Buffalo and other cities to establish special criminal court systems for felonious veterans.

I've gone on record to say that I believe that's a terrible idea for a number of reasons.

Primarily, to see civilian authority treating veterans differently than the rest of society absolves the VA of its responsibility. The reasons veterans commit crimes are many; the veteran may be in the throes of depressive and manic PTSD episodes or he might be overcome with pain and medications that distort his sense of right and wrong. More often veterans are struggling financially to make a life in the civilian world and subjected to years of waiting for their earned benefits that would keep them out of the criminal justice system.

I'm currently working very closely with a 40 years young veteran who was a member of an elite Special Forces Airborne unit. Five years ago, he was at the top of his game in his environment. He held good rank and was a leader of men who were as good as it gets in our Army. Over the years of his military tenure, he'd suffered at least one and possibly 2 Traumatic Brain Injuries. His first "Jump and Bump" was from a helicopter with a partially deployed parachute. He was knocked unconscious on landing and spent days in a hospital recovering. That event was well documented, another not so well.

He's also injured his back, shoulders and knees. That's not hard to imagine when you consider that he had well over 100 documented jumps from aircraft all while carrying the heavy weapons of war.

He wanted to stay in the military but it became apparent that his physical condition would not allow it.

He came out of the Army without any disability rating. He waited 3 years until he couldn't stand the pain before finally connecting to his VA. He'll tell you today that he waited that long because he knew what a degrading, complex process awaited him once he was snarled into the VA system. It's a common theme, vets do not want to go to the VA.

But...he can't work. He wanted to be a trucker and leased a vehicle for hire. That failed along with his knees and back. Today he and his wife have a housecleaning business. They clean the homes of wealthier citizens. He helps her when he's able, telling me; "I'm a pretty good duster but my back won't let me handle a mop."

He applied for disability benefits and asked a Veterans Service Organization to represent him. The VSO offered him a Life Membership and when he declined...he's in the early stages of bankruptcy...he was told to return in a few days.

He did get help from the state run VSO office. His application for benefits stated that he was filing for "Undiagnosed conditions of GW". The VA Form 21-526 was filed that way and he has not been contacted by anyone from that office since then. His application has been received by VA and he's been subjected to the usual onslaught of letters that he doesn't comprehend.

A mutual friend asked for me to intervene and I'm happy to say I was able to. He's now in the VHA system and seeing caregivers I've chosen for him. I'm advocating for him by attending each meeting with his VA providers. I'll work with his claim as it goes along. An anonymous local contact was able to gift him and his wife a small amount of money to make it through Christmas.

This veteran, just like tens of thousands of other young (and old) veterans is a perfect storm waiting to happen. He is a prime example of a total and complete failure of the VA to proactively pursue or reach out to veterans who will predictably need help.

I found a young man who was as full of anger and confusion as anyone you'll ever meet. He had fallen from his persona as one of the most elite of the elite, a highly decorated and respected warrior to the unenviable position of house maid. His ego was crushed and he openly asked the question, "Why did I do what I did for 8 years?" He related to me that his buddies he'd left behind as civilians had good jobs and had bought homes and they didn't have terrifying dreams that woke them up at night.

He has very little to do to fill the long hours of each day that passes with no goals, no job and no particular future on his horizon.

This daily opportunity to brood and think and become angrier is the cause of so many of the ills that are befalling veterans today. It's a recipe for mischief and that's being shown by the fact that you and others see it necessary to champion special court systems for veterans and that SCOTUS would be sympathetic to a PTSD afflicted murderer.

It all points to the failure of the Department of Veterans Affairs to complete the mission.

In this young veterans case, if anyone had bothered to talk with him as he exited the military, his benefits may have started years earlier. His TBI may have been identified and treated appropriately. The PTSD that he obviously suffers could have already been improved with counseling. The knees and other orthopedic injuries should have been treated aggressively.

But VA failed once again. It's unfortunate that as you read this you recognize that this veteran's story isn't at all unusual. This is the norm that we face every day as advocates. The VA continues to place so many hoops to jump through and roadblocks that must be maneuvered that many veterans can't or won't bother with it all.

The system is degrading and there is little evidence of the respect that VA writes about in their flowery press releases. The famed paternalism that is so often written about is non-existent except in the marketing pieces written by well paid VA employees.

The reality is that VA is a harsh and unfriendly system where the veteran is made to feel guilty of using too many resources and too much time.

This forces you to have civilian systems trying to take up the slack created by the VA. While the effort is appreciated, it seems obvious that it's far too little and it comes far too late.

If you have any doubts about that last thought, ask George Porter, Jr. what he thinks. I'd suggest you ask his girlfriend and her boyfriend but it's truly too late to do that.

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TOPICS: veterans, veterans' benefits, VA, Department of Veterans' Affairs, Jim Strickland, Veterans' Advocate,