The Mayer Law Blog

Discharge Upgrade for Vets with PTSD

Since the Department of Defense announced several years ago that it would give different consideration to upgrading the discharges of veterans with PTSD, many people inaccurately assume that it is now extremely easy for any vet who claims to have PTSD to get a discharge upgrade. This assumption has become one more myth about the discharge upgrade process that gives many vets false hope.

We are frequently contacted by veterans who were discharged more than 15 years ago. Many feel that they might have PTSD and want to hire a discharge upgrade lawyer to see if they qualify for a discharge upgrade.

Unfortunately, we have to decline to accept many of these cases on the basis that these folks would be wasting their money paying for an attorney to try to upgrade their discharge.

Many vets who were discharged more than 15 years ago are unaware that they can’t just claim to have PTSD and get an automatic upgrade from the board.

Unless someone was a combat service veteran or victim of sexual assault with documented proof that the PTSD was caused in the line of duty, it is usually very difficult (if not impossible) for that person to get his or her discharge upgraded.

Additionally, the PTSD has to be diagnosed by a mental health professional — preferably more than one psychiatrist or psychologist who is willing to attest to the PTSD having been caused by the military.

If the VA has not granted the veteran disability compensation for the PTSD or denied the veteran based on the characterization of the vet’s discharge, it can still be an uphill battle for the veteran to get their discharge upgraded.

For these reasons, The Mayer Group is selective about which PTSD discharge upgrade cases our discharge upgrade lawyers will accept. We do not believe in taking people’s money and giving them false hope when we understand that their chances of an upgrade are slim to none. If you want to consult with a discharge upgrade attorney to find out if your case qualifies for an upgrade, you can sign up for a phone conference through our website.

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