SIGN UP FOR THE MENTAL HEALTH UPDATE TODAY.

November 3, 2006

GREAT TIME HAD BY ALL WHO ATTENDED MHANYS AWARDS DINNER AND CONFERENCE: Those who attended MHANYS Awards Dinner and MHANYS Annual Conference last Thursday and Friday witnessed the best of what comprises the Mental Health Association movement – dedication, emotion, and passion for the mental well-being of people throughout our society.

MHANYS was honored that Senator Thomas Morahan, Assemblymember Paul Tonko and CQCAPD Chair Gary O’Brien joined us for Thursday evening’s events. In addition, we were so pleased to be joined by so many friends and colleagues from the Governor’s Office, NYS Assembly, NYS Senate, Office of Mental Health, Division of the Budget, Commission on Quality of Care and Advocacy for Persons with Disabilities, and the numerous colleague organizations with whom we work on a daily basis. These are the people who make it possible for us to continue with our good work.

MHANYS was particularly pleased to see such a huge turnout from MHA affiliates from throughout the state, representing nearly 75% of the entire MHA network in NYS. All in all, nearly double the number of people who attended the Awards Dinner last year joined us this year.

Thursday’s Awards Dinner highlighted outstanding accomplishments of people working to assist those with mental health needs in New York State, including:

Michael B. Friedman, Director of the Center for Policy and Advocacy of the Mental Health Associations of New York City and Westchester – recipient of MHANYS’ CEO’s Award
NYS Senator Thomas P. Morahan and Assemblymember Peter M. Rivera, the respective Chairs of the Mental Health Committees in the NYS Senate and NYS Assembly – recipients of MHANYS’ Legislative Award
Eric Weaver, developer of “A Law Enforcement Perspective on Mental Health, Mental Illness, and Policy Suicide” – recipient of MHANYS’ Ken Steele Memorial Award for Program Excellence
Cara Matthews, a reporter for Gannett News Services for her article, “The Stigma of Suicide” – recipient of MHANYS’ Media Award
Kasha Morgan, affiliated with MHA Dutchess County, and Fran Sabatini, affiliated with MHA Putnam County – recipients of MHANYS’ Parent of the Year Award
Ida Tonnessen, affiliated with MHA Putnam County – recipient of MHANYS’ Volunteer of the Year, Community Service Award

In addition to the previously disclosed award recipients were two awards that were given to the recipients without their prior knowledge that they were the Award winners:

Mary Jean Coleman, in recognition for her 25+ years working toward the prevention of suicide – recipient of the MHANYS’ Leila Salmon Award, named in recognition of Leila’s outstanding work in the mental health field as the Director of MHANYS from the 1980’s to the mid-1990’s.
Tom O’Clair for his outstanding work on the MHANYS Board of Directors and Gretchen Guenther for her work to improve MHANYS’ financial status – recipient of MHANYS’ Caroline Cash Award.
Our deepest congratulations go out to all the award winners and everyone who continues to do such good work on behalf of those living with psychiatric disabilities.

After the Awards Dinner on Thursday night, comedian Paul Jones addressed the crowd with his refreshingly frank and forthright performance that consists primarily of discussion of mental health issues. Speaking from his personal perspective, including his own 20+ year battle with Bipolar Disorder, Paul described very difficult events in his life, finding humor in all of them, including his own suicide attempt. The humor was interspersed with very emotional moments, like when he turned to his friend, Tom O’Clair, and expressed his desire to let Tom borrow “just one moment” in the hopes that “just one moment” might have made the difference for Tom’s son, Timothy, who took his life at the tender age of 12 in 2001. We thank Paul for sharing with us his perspective on the serious issues we all deal with each and every day.

Friday’s Conference:
Friday’s conference was filled with information and updates on issues, including:
• Creating Community-Based Mental Health Services for Returning War Veterans
• Enhancing Cultural Competence by Welcoming Lesbian, Gay, Bisexual and Transgender Clients in Mental Health Services
• The Office of the Inspector General Workplan and the Implications for Mental Health Providers
• PROS Updates with the most up-to-date issues regarding PROS implementation
• Why Work Works: The Impact of Employment on the Recovery Process
• Effective Collaborations Between Criminal Justice and Mental Health Systems
• Understanding the mental health needs of 16-24 years old through the transition into adulthood.

MHANYS wants to thank all of the presenters for their excellent work in making our Conference such a success.

MHANYS would also like to thank Joshua Wolf Shenk for his noontime presentation on President Abraham Lincoln and his lifelong struggle with mental illness. The packed lunch room on Friday seemed riveted by Mr. Shenk’s obvious extensive knowledge and understanding of Lincoln, which he used to help others gain a perspective on Lincoln’s greatness, both as an individual and then later as President.

Look for pictures from last week’s wonderful events on our website, www.mhanys.org, soon.

 

SATURDAY, NOVEMBER 18TH IS THE 8TH ANNUAL NATIONAL SURVIVORS OF SUICIDE DAY: This day, sponsored by the American Foundation for Suicide Prevention, will include local healing conferences for survivors of suicide loss will take place in over 100 cities throughout the country -- connecting survivors within their own communities and across the nation. For those who don't live near a conference site or who find it difficult to attend in person, the program will also be broadcast live on the web, followed by a live online chat.

Conference sites in New York State will include:
Glens Falls – contact Karen Padowicz at karen@wwamh.org or (518) 793-2352 Ext. 237
Hudson – contact Joan Bloomberg at jbloom@govt.co.columbia.ny.us or (518) 828-9446
Nassau County – contact Dale Camhi dcamhi@afsp.org or (516) 869-4215
Newburgh – contact Michael P. Dunn at MDunn@myindependentliving.org or (845) 565-1162 Ext. 223
New York – contact Amy Fleischer at daisychainllc@optonline.net or (516) 213-4484
Rensselaer – contact Mary Jean Coleman at mjcoleman@afsp.org or (518) 899-0021
Rochester – contact Anna Cooper at anna_cooper@urmc.rochester.edu or (914) 374-2491
Saratoga – contact Mary Jean Coleman at mjcoleman@afsp.org or (518) 889-0021
Schenectady – contact Mary Jean Coleman at mjcoleman@afsp.org or (518) 889-0021
Westchester – contact Orla Kelleher at orla@aislingcenter.org or (914)237-5121

For more information or to register to watch the live webcast, visit www.afsp.org.

MHANYS’ CONSUMER AND BUSINESS OUTREACH PROGRAM HIGHLIGHTED BY US DEPARTMENT OF HEALTH AND HUMAN SERVICES’ SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) - http://www.stopstigma.samhsa.gov/topics_materials/consumerBusinesssOutreach.htm


Local and Statewide Spotlight On ...
Summary: Consumer Business and Outreach Program

Brief Description
The Consumer and Business Outreach Program (CBOP) of the Mental Health Association in New York is a statewide initiative aimed at promoting the successful employment of individuals with mental illnesses. CBOP’s main objectives are to assist individuals with mental illnesses in finding and maintaining employment, educating the business community about the importance of mental health, and increasing the rates of competitive work environments for individuals with mental illnesses.

Situation
Studies indicate that approximately 85 to 92 percent of individuals living with mental illness are jobless. Employment can play a significant role in enhancing recovery, contributing to overall life satisfaction, and integrating people within their communities. Individuals with mental illnesses who hold competitive jobs for an extended period of time frequently experience a number of benefits, including improvements in their self-esteem and symptom management. Effective employment programs targeting individuals with mental illnesses are needed to support recovery.

Solution
Developed in the late 1990s, CBOP recognized the need to assist individuals with mental illnesses in finding successful employment and in educating employers about mental illnesses. Through focus groups of employers in New York, CBOP identified the need to educate them at a higher and more intensive rate about mental health. In response, CBOP created a training program that teaches individuals the policies, laws, and effective workplace tactics for mental health.

CBOP also created the Business Advisory Council (BAC) Project, with the goal of creating partnerships with local affiliates, the business community, and others involved in the development of a successful labor force. Through the BAC Project, CBOP helps to develop local business advisory councils that implement its primary goal of obtaining employment for individuals with mental illnesses. The local councils work closely within their communities to identify employment opportunities and to address mental health issues.

Results
CBOP has helped to educate and inform the business community of the importance of mental health and the significance of successful employment for individuals with mental illnesses. Through the BAC Project, it also has enhanced the recovery process for more than 300 individuals with mental illnesses by securing competitive employment. Employers involved with the project have reported high levels of satisfaction with job candidates. As of 2006, business advisory councils have been created in six New York counties, and local councils have functioned in various parts of the State. Continued efforts are under way to expand the BAC Project.

Contact
For further information about CBOP or the BAC Project, contact Samantha Phillips, M.S.W., Program Director, Consumer & Business Outreach, Mental Health Association in New York State, Inc., 194 Washington Avenue, Suite 415, Albany, NY 12210; phone: 518–434–0439 ext. 224; e-mail: businessoutreach@mhanys.org; Web site: www.mhanys.org/programs/cbop.

NYSOMH ANNOUNCES CREATIVE NEW APPROACH TO EMPLOYMENT FOR PEOPLE WITH PSYCHIATRIC DISABILIITES – PARTNERSHIP WITH NYSID WILL RESULT IN NEW COMPETITIVE EMPLOYMENT OPPORTUNITIES
New York State Office of Mental Health Press Release:
Albany, NY (November 2, 2006)

The New York State Office of Mental Health (OMH) today announced that it is taking a new and creative approach to cultivating competitive employment opportunities for New Yorkers with psychiatric disabilities. OMH is entering a partnership with the New York State Industries for the Disabled, Inc., (NYSID) that will create competitive, private sector employment opportunities for individuals with a history of receiving mental health services, and at the same time address OMH’s record storage problem.

Through this partnership, a NYSID preferred vendor of digital imaging services will employ recipients of mental health services to optically scan OMH paper records and convert them to indexed digital images for easier storage and access. It will result in a workforce that has been trained in marketable information technology skills, available for continued employment by healthcare or other industry sectors. This employment strategy has the potential to over time employ hundreds of individuals with psychiatric disabilities and if proven successful, can also be replicated by other agencies. OMH and NYSID plan to begin implementing this new approach in early 2007.

Sharon E. Carpinello, RN, PhD, OMH Commissioner, said, “Most individuals with a mental illness want to work, and this is an unprecedented strategy to help them achieve and maintain competitive employment. Gainful employment is an important element of recovery and, as one recipient of mental health services recently told me, it is the stigma-buster of all time. Being competitively employed leads to the personal satisfaction of a job well done, increased personal independence and a meaningful role in society.”

"NYSID is proud to be selected by the Office of Mental Health for this significant partnership," said Lawrence L., Barker, Jr., President and CEO of NYSID. "What really motivates us is the opportunity to employ a large number of people with disabilities, helping them to achieve economic and personal independence. As a Preferred Source provider of many commodities and diverse services to government agencies, NYSID enables employment for over 6,000 New Yorkers with disabilities, and this OMH opportunity is especially welcomed."

“This new initiative is a win-win for both New Yorkers with psychiatric disabilities and the state” said Harvey Rosenthal, executive director of the New York Association of Psychiatric Rehabilitation Services. “It sets a wonderful course for all state agencies to follow, using all possible means to provide one of our most underemployed disability groups with increased opportunities for work, independence and full community integration.”

Digital imaging is a highly secure and inexpensive method of record storage. It also greatly simplifies record retrieval. OMH anticipates digitizing approximately 100 million pages of paper-based records. The paper documents are currently being stored in secure areas at OMH Psychiatric Centers throughout the State; however, many of the paper records are in danger of decomposition due to their age. Once digitized, the original paper record can be destroyed, alleviating manual storage costs while preserving archival information.

 

NYS ASSEMBLY TO HOLD HEARINGS ON WOMEN AND SUICIDE TO EXPLORE THE HIGH RATES OF SUICIDE AMONG WOMEN IN NEW YORK AND IDENTIFY SUCCESSFUL SUICIDE PREVENTION INITIATIVES:

ASSEMBLY STANDING COMMITTEE ON MENTAL HEALTH, MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
THE PUERTO RICAN/HISPANIC TASK FORCE
AND THE TASK FORCE ON WOMEN’S ISSUES

NOTICE OF PUBLIC HEARING

SUBJECT: Women and Suicide

PURPOSE: Explore the high rates of suicide among women in New York and identify successful suicide prevention initiatives.

New York City

Thursday
December 7th, 2006
10:30 AM
250 Broadway

According to the National Center for Injury Prevention and Control, women attempt suicide during their lifetime about three times as often as men. Further, certain subgroups of women, notably young Hispanic and Asian American women, are at even higher risk for suicide. The Centers for Disease Control (CDC) reports that high school age Hispanic females report more feelings of sadness or hopelessness and of suicidal ideation and attempt, compared with their white or black non-Hispanic counterparts. Similarly, the CDC reports that Asian American women have the highest suicide rate of all women over 65, and according to the American Psychological Association Asian American girls have the highest rates of depressive symptoms of all racial groups and the highest rate of suicide among all women age 15 to 24.

Several suicide prevention documents currently are available to assist New Yorkers, including a Suicide Prevention Education Awareness Kit that is available from the Office of Mental Health in Spanish and Chinese.

While research over recent decades has uncovered information on the causes of suicide and the strategies to prevent it, much more needs to be understood about how gender, ethnic, cultural and generational differences may lead to increased rates of suicide.

The Committee on Mental Health, Mental Retardation and Developmental Disabilities, the Puerto Rican/Hispanic Task Force and the Task Force on Women’s Issues is holding a hearing to gather information about women and suicide, particularly focusing on young Hispanic women and Asian American women. The Committee and Task Forces are also seeking information about suicide programs currently in place in New York State and input about ways in which to further decrease the risk of suicide and prevent suicide attempts for these vulnerable populations as well as all New Yorkers who may be at risk of suicide.

Please see the reverse side for a list of subjects to which witnesses may direct their testimony, and for a description of the bills which will be discussed at the hearing.

Persons wishing to present pertinent testimony to the Committee and Task Forces at the above hearing should complete and return the enclosed reply form as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation.

Oral testimony will be limited to 10 minutes’ duration. In preparing the order of witnesses, the Committee will attempt to accommodate individual requests to speak at particular times in view of special circumstances. These requests should be made on the attached reply form or communicated to Committee staff as early as possible. In the absence of a request, witnesses will be scheduled in the order in which reply forms are postmarked.

Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committee would appreciate advance receipt of prepared statements.

In order to further publicize these hearings, please inform interested parties and organizations of the Committee’s interest in hearing testimony from all sources.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

Peter M. Rivera
Member of Assembly
Chairman
Committee on Mental Health, Mental Retardation and Developmental Disabilities
Chairman
Puerto Rican/Hispanic Task Force


Barbara Lifton
Member of Assembly
Chair
Task Force on Women’s Issues


SELECTED ISSUES TO WHICH WITNESSES MAY DIRECT THEIR TESTIMONY:

1) What are the primary factors leading to the unusually high rates of suicide among women in New York?
2) What are the cultural factors that may impact the high rates of suicide among Asian American women and Hispanic women?
3) What strategies, initiatives and programs are currently underway in New York State to decrease the rates of suicide among women? Among cultural and ethnic minorities in particular? How effective are they?
4) Have other states had success with suicide prevention methodologies that are not currently in use in New York? Could these be adapted to suit the unique and diverse cultural environments in New York?
5) Can effective suicide prevention programs be tailored to specifically target the high rates of suicide and suicide attempts among Asian American women and young Hispanic women?

For additional information and to obtain a copy of the Public Hearing Reply Form, contact Elana Marton at martone@assembly.state.ny.us or 518-455-4371.

IN THE NEWS:

Psychiatrists Resist Changes at CDPHP - Doctors say insurer's pick for mental health coverage is known for rejecting claims. By Alan Wechsler
Albany Times Union, November 2, 2006

ALBANY -- A dispute between local psychiatrists and Capital District Physicians' Health Plan could leave hundreds without mental health care.

The fight is centered on CDPHP's attempt to turn psychiatric coverage over to United Behavioral Health, also known as UBH. Local psychiatrists say San Francisco-based UBH is known among doctors for rejecting reimbursement claims.

The protesting doctors -- all are in private practice in Albany County -- say they hope the situation can be resolved before they have to stop seeing CDPHP patients. The patients are being treated for such illnesses as depression, bipolar disorders and panic attacks.

Dr. James Nalbone of Albany said he has accepted UBH patients before, and his staff has had difficulty reaching a company agent or getting claims paid.

"They still owe me money," he said. "Little things like that make me hesitant to turn half my practice over to these kinds of people."

For years, CDPHP has contracted with a separate company to handle psychological care reimbursement. But psychiatrists -- medical doctors who treat mentally ill patients with both therapy and drugs -- always contracted directly with CDPHP.

Earlier this year, CDPHP decided to switch its mental health contract to UBH, a subsidiary of the giant UnitedHealth Group of Minnesota. At the time, CDPHP decided to include psychiatrists in the contract, which takes effect next year.

While CDPHP says the dispute involves only a few doctors, local psychiatrists say the change will reduce the number of psychiatrists in Albany County available to CDPHP patients from 60 to eight.

Robert Hinckley, senior vice president and spokesman at CDPHP, said the idea was to join with a national company that could, for instance, ensure mental health coverage for college students who study out of state. It's a common theme in health care these days -- as health insurance companies continue to merge and grow -- that insurers say they need a nationwide presence to remain competitive.

Hinckley also said reimbursement under UBH would be as good or better than under CDPHP.

"This is all about providing higher-quality care," he said, indicating UBH workers would handle claims out of CDPHP's Albany offices.

"We have a small cabal of psychiatrists in Albany County who are using their patients as pawns for their self-serving need," he said.

While Hinckley said UBH should not be confused with its parent company, UnitedHealth, local psychiatrists were not so willing to make that distinction.

Last month, the Buffalo News reported UnitedHealth was under attack in New York and other states over negotiating tactics and its willingness to drop major hospitals from its network. It also has been banned from selling certain products in New York state due to its practices, according to the News.

A UnitedHealth spokeswoman, contacted Wednesday, did not respond to questions by press time.

Dr. Ron Wolner, an Albany psychiatrist, said he was afraid of joining the UBH network because his practice could suffer if claims were unfairly rejected. In the meantime, he has been breaking the news to patients.

"What we tell them is we've been terminated, and that they're trying to come up with some sort of transition plan," he said. "Beyond that, we don't know what to tell them."

Wolner said about 40 percent of his 400 patients are covered by CDPHP.

Wolner said he requested a special meeting Nov. 27 with CDPHP to discuss the issue. Unless the matter is resolved, he and other psychiatrists will have to stop seeing CDPHP patients after March 31.

Dr. Norman Dovberg, who practices in Slingerlands, said he can't understand why CDPHP won't just continue with the system that has worked well for so many years.

"I think CDPHP is paying a game of chicken," he said. "They want to intimidate us into going along with their plan."


New Court is Devoted to the Mentally Ill
The Buffalo News, October 30, 2006

The Lackawanna City Court Mental Health Treatment Court, which begins operations this week, is the latest of the state system's courts dealing with nonviolent individuals.

Lackawanna Chief Judge Frederick J. Marrano said the court will provided supervised community-based treatment for individuals with mental illnesses. It is a program of the successful Lackawanna Drug Treatment Court, which was established in 1996.

Marrano said a grand opening ceremony is scheduled at 4 p.m. Thursday in Lackawanna City Hall, 714 Ridge Road.

The new program will involve court oversight of the mentally ill undergoing treatment for their conditions, the judge said. The court is designed to reduce crime and recidivism and improve safety and the well-being of people with mental illnesses, Marrano said.


Troubled Troops in No-Win Plight. By Gregg Zoroya
USA Today, November 2, 2006

CAMP PENDLETON, Calif. — Chris Packley returned from Fallujah in 2004 a top marksman on a sniper team showcased in the Marine Corps Times for its 22 kills.

"I was exceptionally proud of that Marine," says Gunnery Sgt. Scott Guise, his former team leader.

He also came home with flashbacks — memories of his friend, Lance Cpl. Michael Blake Wafford, 20, dying on the battlefield. Packley says he smoked marijuana to try to escape the images. He also left the base without permission. "I wanted out," Packley says.

Last year he got his wish and was expelled from the Marine Corps. As a consequence, he lost access to the free counseling and medication he needed to treat the mental wounds left from combat, according to Packley, his former defense lawyer and documents from the Department of Veterans Affairs.

Scores of combat veterans like Packley are being dismissed from the Marines without the medical benefits needed to treat combat stress, says Lt. Col. Colby Vokey, who supervises the legal defense of Marines in the western USA, including here at Camp Pendleton.

When classic symptoms of post-traumatic stress disorder (PTSD) arise — including alcoholism and drug abuse — the veterans are punished for the behavior, Vokey says. Their less-than-honorable discharges can lead to a denial of VA benefits. Vokey calls it a Catch-22, referring to the no-win situation showcased in Joseph Heller's 1961 satirical war novel Catch-22.

"The Marine Corps has created these mental health issues" in combat veterans, Vokey says, "and then we just kind of kick them out into the streets."

Characters in Catch-22 were caught in a contradiction. They could be relieved of dangerous flying missions if crazy. But if they claimed to be crazy, they were deemed sane for trying to avoid danger and had to keep flying.

In Iraq, Marines who perform well in combat can be lauded for it. But if they develop PTSD, they can be punished for stress-related misconduct, kicked out of the military and denied treatment for their illness.

In recent months, the Marine Corps has begun investigating the matter, identifying 1,019 Marines who may fall into this group since the war in Iraq began. All served at least one year in the Marines and one tour overseas before being discharged for misconduct.

"We're digging down into the data sources we have to try and come up with answers," says Navy Capt. William Nash, who coordinates the Marine Corps' combat stress programs. "That it happens at all is obviously not ideal."

He says each case will be examined to learn whether the Marine suffered combat stress and whether that might have contributed to the misconduct.

The results could help the Marine Corps flag combat-stressed Marines and help them avoid getting into trouble, Nash says.

MORE AGGRESSIVE ABOUT PTSD
The military has moved more aggressively in this war to educate and treat combat stress than in previous conflicts. Mental health teams have been sent to Iraq and Afghanistan. Soldiers and Marines are asked about their mental and physical health before and after their tours.

A 2004 Army study showed that about 17% of combat troops suffer PTSD, a rate comparable with Vietnam-era stress among such troops, says Joseph Boscarino, a senior investigator with the Geisinger Center for Health Research in Danville, Pa., who has conducted extensive PTSD research on Vietnam veterans.

Vokey and his lawyers say they are convinced, based on reviews of medical records, that combat stress was a major factor in the misconduct cases. They argue that either the Pentagon or VA should revise its policies so that these combat veterans are not stripped of the medical care they need to get better.

"People would be appalled if the guy came back and he had lost a leg, lost a limb, and then we say, 'Oh, you had a DUI (driving under the influence), so you're going to have to give your prosthetic back,' " says Marine Capt. James Weirick, a former member of Vokey's staff. "But to a great extent, we're doing that with these people."

Packley, 24, received an other-than-honorable discharge. According to a VA document Packley's mother, Patricia, shared with USA TODAY, the department acknowledges he has PTSD but denied him benefits in July.

"You go to war and they can't even help you with the problems you get from it," says Packley, who now does state highway construction in Joliet, Ill.

He says he has been off anti-anxiety, anti-depression and sleep medications for months because he cannot afford it. "I'm just so stressed," he says. "It doesn't take much to get me almost panic-stricken anymore."

HEROES IN TROUBLE
Marine Capt. Mike Studenka, who supervises a law office located amid infantry battalions at Camp Pendleton, says he sees about 40 Marines each month who are in trouble. About a third fit the profile of combat veterans with impressive records who suddenly have drug or alcohol problems and face dismissal and loss of benefits.

"You have guys coming in this building who are, no question about it, heroes in everything that they have done in the past," Studenka says. "You have them saying, 'I just need to get out. I want out.' That breaks your heart."

The Marine Corps says post-traumatic stress disorder is no legal defense to misconduct and that discipline must be maintained.

"PTSD does not force anyone to do an illegal act," Nash says. "The consequences to the Marine Corps of not upholding those standards of behavior would be a much greater tragedy. It would dishonor all those Marines who have been injured by the stress of war but who have not broken the rules."

Marines, sailors, soldiers and airmen who get in trouble can receive one of four discharges. The lightest is a general discharge, often described as "under honorable conditions," in which recipients remain eligible for most VA benefits.

More serious misconduct can lead to an other-than-honorable discharge or, worse, a bad conduct discharge. A serious felony results in a dishonorable discharge.

The law prohibits a veteran from receiving the full spectrum of VA benefits — such things as health care, insurance and home loans — in certain cases, such as those involving deserters, conscientious objectors or those who receive dishonorable discharges.

But the VA has discretion to grant full benefits in other-than-honorable or bad conduct discharge cases. It can still deny them if the agency decides the underlying misconduct was "willful and persistent," a largely subjective decision, VA official Jack McCoy says.

Statistics from 1990 through September show that about eight out of 10 veterans who received bad-conduct discharges were turned down when they sought benefits, McCoy says.

FEW EXCEPTIONS
Even if the full package of benefits is denied, the VA can still grant health care for specific war-related injuries such as PTSD. Gary Baker, director of the VA's health eligibility center, says that in his 20 years of experience he has seen this exception granted fewer than six times.

The VA offers temporary counseling, but no medication, for veterans who are appealing their discharges. Counseling ends if the appeal fails. Vokey argues that the VA could relax its practices and treat veterans who are discharged for PTSD-related misconduct.

Mental health experts say this problem almost certainly occurred in prior wars. But combat-induced mental disorders and how they may contribute to bad behavior were not as well understood.

The issue exists today in the Army but to a lesser degree, says Army Lt. Col. John Wells, a former supervising defense lawyer. Combat-stress cases involving misconduct are handled in informal ways that often do not lead to a loss of benefits, Wells says.

The Marine Corps, by comparison, prides itself on its strict standards.

"We take discipline infraction very seriously," says Lt. Col. Scott Fazekas, a Marine Corps spokesman. It prosecutes about the same number of troops as the Army each year for misconduct, though it is only one-third the Army's size.

The Marine Corps also does a disproportionate share of fighting and dying in Iraq, making up 20% of U.S. ground forces while suffering 30% of the casualties. More than 10% of American troops who died in Iraq were Marines from Camp Pendleton, which has lost almost 300, more than any other military base.

Marine Corps statistics, though incomplete, show PTSD cases doubled from about 250 in 2003 to 596 in 2004, and then doubled again to 1,229 in 2005.

Although Marine Corps officials say the service has come a long way in recognizing and treating PTSD, they acknowledge that it still struggles to provide treatment resources and to overcome the stigma against those who suffer mental health problems.

"There might be some commanders out there who aren't really willing to accept that there is such a thing as post-traumatic stress syndrome," says Marine Col. Hank Donegan, a military intelligence officer at Pendleton.

Vokey and his staff agree that many troubled Marines should leave the Marine Corps, for their sake and that of the Corps. To strip them of benefits is wrong, they say. "It seems to me our country has bought that problem and we ought to fix it as best we can," says Melissa Epstein, a Los Angeles lawyer and former Marine captain on Vokey's staff.

A MEDAL WINNER'S TRAUMA
One of those PTSD cases involved Ryan Birrell, 24, who served as a sergeant with the 1st Battalion, 7th Marine Regiment. After his second tour, in 2004-05, he received the Bronze Star with a "V" for combat heroism.

The citation described five separate episodes of valor, including one morning in February 2005 when Birrell organized the defense of a fog-shrouded observation post in Husaybah that came under multiple attacks by insurgents and suicide car-bombers. A wounded Birrell rallied his troops, tended to casualties and directed fire, often while exposed to enemy gunfire.

"Sgt. Birrell reflected great credit upon himself and upheld the highest tradition of the Marine Corps," his citation reads.

After coming home, Birrell took an assignment earlier this year as a drill instructor at the Marine Corps Recruit Depot in San Diego, and his life began to fall apart.

Diagnosed with PTSD, he suddenly demanded a divorce from his wife, abused alcohol and methamphetamine and left his base without permission, say Birrell and Weirick, then his lawyer.

Kicked out of the Marine Corps with an other-than-honorable discharge, he lived in Tijuana, Mexico, for months, often homeless.

"What brought me down there was how the streets were kind of like being in Iraq — that kind of turmoil-type stuff," Birrell says now.

Birrell says that in Tijuana, he could fill his head with thoughts of where to find food or shelter.

Growing tired of that life, he finally called his parents and they brought him to their home in Las Vegas last month. "Life is great," says his mother, Kim Lukas, who says she's ecstatic to have him home again.

For Birrell, who now lives in Torrance, Calif., insomnia is back. "When I do sleep," he says, "I'm constantly waking up from dreams, constantly tired throughout the day." His nightmares are of war. He visited VA offices Tuesday asking for benefits despite his other-than-honorable discharge. Birrell says he needs treatment for his PTSD. Weirick fears they will turn him down regardless of his battlefield heroism.

Lukas says that makes her angry. "He's done two tours over there, and God knows how many lives he's saved," she says. "He's going to need the care."