Band-Aids Don't Fix Bullet Holes:  The Veterans Who Are Not "Veterans," The Unique Crises They Face, And Why Proactive Interagency Collaboration Is Key

Abstract

Not all veterans are “veterans.” Over 540,000 living veterans have served this country, yet their military administrative discharge status prevents them from accessing U.S. Department of Veterans Affairs (VA) care and benefits. A shocking number of these veterans suffer from undiagnosed or untreated mental health conditions, and when exacerbated by the secondary effects from lack of access to VA support, put them at one of the highest risks for other psychosocial crises such as suicide and homelessness. The VA excludes these veterans from accessing their services due to the “less-than-honorable” nature of their discharge, which is excluded in the federal statutory and regulatory definitions of a “veteran.” For a veteran with a less-than-honorable discharge to become a “veteran,” they must embark on a lengthy, arduous, inefficient, and often unsuccessful administrative appeal process within the VA or within Military Department Review Boards—in the Department of Defense (DoD). Uniquely, this Article proposes that despite the differing missions of the DoD and VA, greater alignment of their policies, concerning administrative discharge status and unequal treatment of veterans with less-than-honorable discharges, could proactively reduce the number of veterans at highest-risk for the secondary psychosocial crises of suicide and homelessness by creating a better avenue towards veteran-centric healthcare and services provided through the VA. Where reactive policy “band-aids” have been of little avail, new proactive policy collaboration between the DoD and VA can reaffirm this Nation’s commitment to care for all veterans who have served under the banner of the United States.