Question:

What happens if I was released from duty due to PTSD as a result of being raped and it's in my military file with notes from my chaplain and doctor about the rape and PTSD? However, my discharge was not medical even though they told me it would be.

Jim's Reply:

What happens?  That's a very comprehensive question. I'll assume you're asking about disability benefits associated with a diagnosis of PTSD that was the result of MST. The VA is aware that documentation isn't all it should be in many of these cases and they manage to complete claims in spite of a relative lack of evidence. You should seek mental health care through the VA and then proceed to file a claim for benefits.

• PS from StatesideLegal:  If you believe you should have received a medical discharge, you will need to apply for an upgrade with the Board for Corrections of Military Records (BCMR) for the specific branch of service, using this form.  There is ordinarily a three year status of limitations from the date of discovery of the error but you can request that the Board waive the time restriction in the interest of justice  because of a diagnosis of PTSD.  Finally, you may want to check with the National Veterans Legal Services Program to see if they can offer you help with this process, here. .