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Veterans Assistance Project

Cases & Credits

A special ops veteran with PTSD

Mr. L., a Vietnam veteran, has been seeking disability benefits since June 2005. His chief disability is Post Traumatic Stress Disorder (PTSD), which was caused by the routine mortar and rocket attacks he endured while stationed at Tuy Hoa Air Force Base in Vietnam. Despite being diagnosed and treated at the Brooklyn Veterans Affairs hospital for PTSD, the VA repeatedly refused to grant Mr. L. benefits under a claim of PTSD, based on lack of corroborative evidence; due to his assignment in a special operations unit, Mr. L.’s personnel record does not plainly indicate an assignment to Tuy Hoa.

The Justice Center’s volunteer attorneys discovered new military evidence that places Mr. L. on Tuy Hoa base, and indicates the base was attacked when he was there. The volunteers also obtained an affidavit from a fellow serviceman placing Mr. L. at the scene of the stressful events.

In order to maintain a June 15, 2005 effective award date, the attorneys prepared a Motion for Reconsideration and submitted it to the Chairman of the Board of Veterans Appeals. If the Chairman grants the pending motion, the case will be remanded to the Board of Veterans appeals where it is expected that the PTSD benefits will be granted.