HELLO TO ALL

CptCurtisHervey

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PERSONALITY DISORDER MILITARY DISCHARGES: MISATTRIBUTION OF MILITARY TRAUMA (MMT)?

Greetings, I’m 100% disabled combat veteran and volunteer veterans’ advocate.

I was misdiagnosed by the VA with “personality disorders” by my VA primary care physician (PCP) after I filed a complaint against a nurse who was apparent good friends with him. I was able to get those misdiagnoses medically cleared with a second opinion at the VA where this crooked PCP worked and even got all the lies redacted from my progress notes with a FOIA appeal to the VA’s Office of General Counsel (OGC), a panel of VA medical and legal experts) in DC. Next, after all my efforts to get justice against the malpractice PCP were exhausted, I resolved to file a malpractice lawsuit for damages for misdiagnosis as a pro se litigant against the VA but was required to file against the United States (see Hervey v. United States of America et al): Hervey v. United States of America et al

After hiring medical experts and the Defense hired theirs, the case was deadlocked prior to a no-jury hearing so the Defense agreed to a settlement if I dropped my case. So, after fighting the United States to a draw after almost two years of litigation, the Defense paid me a modest five-figure settlement, but I achieved a great moral victory and achieved closure.

What came out of this victory was a legislative proposal I composed entitled, THE PERSONALITY DISORDER MENTAL DIAGNOSTIC IMPROVEMENT ACT (PDMDIA).

I’m working to get my representatives to sponsor this proposed bill which seeks to mitigate future personality disorder misdiagnosis by enforcing preexisting mandates in the Diagnostic Statistical Manual of Mental Disorders (DSM).

The ten (10) personality disorders:

Cluster A (Odd, bizarre, eccentric)

  • Paranoid PD
  • Schizoid PD
  • Schizotypal PD
Cluster B (Dramatic, erratic)

Cluster C (Anxious, fearful)

Source: The 10 Personality Disorders



I’m even pursuing a Doctor of Public Policy to compliment this endeavor and need veterans who have been misdiagnosed with “personality disorders” to interview for my case studies.

A true personality disorder is not something you can spontaneously develop suddenly. It is a disruptive way of thinking and behaving that would have been evident all your life and would likely have resulted in a juvenile record (must be evident in your adolescence to qualify as a bona fide personality disorder).

Also, a true personality disorder is not something you can control. You cannot exhibit in one situation but not another (pervasive in all areas of life). Additionally, to be properly diagnosed, the provider should conduct interviews with family and coworkers. Also, odd personality traits and cultural quirks are not symptoms of personality disorder. The provider making the diagnosis must look past their own personal bias and diagnose from the patient’s cultural perspective.

A true personality disorders cannot be “triggered” because you are born with it.

Therefore, because personality disorders are congenital and typically manifest during adolescence, the military deems them as preexisting and therefore no qualifying for disability benefits compensation on the basis of service connection. 38 C.F.R. §§ 3.303(c), 4.9,

NOTE:
The only exception to this bar to service connection would be veteran claimant could demonstrate that another service-connected mental disorder is superimposed on or related to the personality disorder.

Consequently, veteran claimants cannot claim that their military caused or aggravated a default preexisting personality disorder and makes the “presumption of soundness” argument moot. 38 CFR §§ 3.303(c), 4.9; Quirin, 22 Vet. App..



Pertinent Board of Veterans Appeals (BVA) Personality Disorder Case Law:


  • Citation Nr: 21064134-Decision Date: 10/19/21 Archive Date: 10/19/21https://www.va.gov/vetapp21/Files10/21064134.txt
  • Citation Nr: 1219181-Decision Date: 05/31/12 Archive Date: 06/07/12 https://www.va.gov/vetapp12/files3/1219181.txt
  • “…[P]ersonality disorders are considered to be "defects" that necessarily rebut the presumption of soundness and are considered to have preexisted military service such that service connection on a direct basis or by aggravation is prohibited. 38 C.F.R. §§ 3.303(c), 4.9; Quirin, 22 Vet. App. at 397; Winn, 8 Vet. App. at 516 (1996); 61 Fed. Reg. 52,695. However, if the examiner finds that there are other diagnosed disorders that are not personality disorders and are superimposed on the Veteran's diagnosed personality disorder, it is not clear from the available evidence whether these disorders would be found to have pre-existed service. Therefore, here, if the examiner finds (1) that the Veteran has had PTSD, bipolar disorder, impulse control disorder, and/or pedophilia since filing his claim, even if he no longer does, and (2) that the Veteran's PTSD, bipolar disorder, impulse control disorder, and/or pedophilia was superimposed on his personality disorder, but (3) finds that any of these diagnosed disorders preexisted military service, the examiner should determine whether these disorders, or any other diagnosed psychiatric disorder not addressed in the previous VA examination report or addenda, clearly and unmistakably pre-existed service and were clearly and unmistakably not aggravated during or by the Veteran's service beyond their natural progression. See 38 U.S.C.A. §§ 1111, 1137, 1153; 38 C.F.R. § 3.306(a). See also 38 C.F.R. § 4.2; Barr, 21 Vet. App. at 311; Stefl, 21 Vet. App. at 123.”
  • Citation Nr: 1633563- Decision Date: 08/25/16 Archive Date: 08/31/16Citation Nr: 1219181 https://www.va.gov/vetapp16/Files4/1633563.txt
  • Citation Nr: 1010902-Decision Date: 03/23/10 Archive Date: 03/31/10 https://www.va.gov/vetapp10/files1/1010902.txt
  • “Paragraph 5-13 of AR (Army Regulations) 635-200 sets forth the provisions of when a Soldier is to be separated because of a personality disorder. It states: ‘Under the guidance in chapter 1, section II, a Soldier with less than 24 months of active duty service, as of the date separation proceedings are initiated, may be separated for personality disorder (not amounting to disability (see AR 635-40)) that interferes with assignment or with performance of duty, when so disposed as indicated in a, below.’…It also sets forth that a diagnosis of personality disorder must be established by a psychiatrist or doctoral-level clinical psychologist.”
I’m looking to interview any service member or veteran who has been misdiagnosed with a “personality disorder” (case studies) because this is often ploy the DoD and Department of VA use to save money by disenfranchising deserving individuals by the authority of Chapter 5-13 of Army Regulation 635-200 who were whistleblowers or suffered a military trauma based on “fraudulent enlistment” by failing to disclose their alleged personality disorders during MEPS processing.

PERSONALITY DISORDER DISCHARGES: IMPACT ON VETERANS' BENEFITS 111th Congress (2009-2010): https://www.congress.gov/event/111th-congress/house-event/LC6936/text

U.S. military illegally discharging veterans with personality disorder, report says: U.S. military illegally discharging veterans with personality disorder, report says

“The Department of Defense (DoD) is facing allegations service members were wrongfully discharged for pre-existing personality disorders. From 2001 to 2007, 26,000 enlisted service members were discharged for a pre-existing personality disorder (2.6 % of total discharges). With national media attention of the issue, personality disorder discharges were reduced by 31 % in 2008 with new discharge procedures issued by the DoD. Even with the reduction, a government review found the DoD did not adhere to its discharge protocols. The objective of this paper is to explore personality disorders in the military, analyze various costs to stakeholders, and identify potential policy alternatives.” (Leroux, 2014)

“Non-routine service discharge strongly predicts VHA-diagnosed mental illness, substance use disorders, and suicidality, with particularly elevated risk among Veterans discharged for disqualification or misconduct. Results emphasize the importance of discharge type as an early marker of adverse post-discharge outcomes, and suggest a need for targeted prevention and intervention efforts to improve reintegration outcomes among this vulnerable subpopulation.” (Brignone et al., 2017)

“The US Department of Defense specifically states that intellectual disability and personality disorders are not diseases for compensation purposes, and disabilities from them may not be service connected absent a superimposed mental disorder. In addition, the diagnosis of a personality disorder led to the discharge of 31,000 troops during the years 2001 to 2010. I review the history of these developments, and how the Diagnostic and Statistical Manual of Mental Disorders enabled these actions. In contrast, the United Kingdom and Canada do not allow such actions. Whether our approach is logical seems highly questionable, especially given the significant problems with the DSM’s definitions of personality disorders, definitions at odds with the literature.” (Dean, 2021)

“Since the wars in Iraq and Afghanistan began, the U.S. military has sent millions of troops into battlefield operations—some without proper training, some without rigorous preservice mental health checks, and many without experience. Many were given waivers that allowed them to skirt previously rigorous recruiting standards to bolster troop numbers. A significant amount of returning soldiers have been diagnosed with posttraumatic stress disorder (PTSD), and associated benefits and lifelong payouts for these soldiers have and will continue to cost the military hundreds of millions of dollars each year. The military has been accused of purposely changing PTSD diagnoses or instead issuing diagnoses of personality disorders—which the military considers a preexisting condition—for dodging these costs and as a mechanism for forcing soldiers out of service. This article explores how and why these diagnoses, or changes to existing diagnoses, are (allegedly) made, what purpose they serve the military, and the implications of each diagnosis for veterans and active duty soldiers. After reviewing this information, the question of whether or not the military should be ethically responsible for the continued mental health care of those soldiers after service, despite their condition, is addressed.” (Groves, 2015)

“For the past decade, the Coast Guard has routinely violated procedures intended to protect service members from erroneous discharges for personality disorder (PD) and adjustment disorder (AD). As a result, hundreds of service members have been assigned serious diagnoses that may allow the U.S. Department of Veterans Affairs (VA) to deny them benefits and may subject them to stigma in post-service life, without full information on why they received the diagnosis or their right to appeal.“ (Boghossian et al., n.d.)

“…incarcerated veterans were more likely to have mental disorders, including SMI, posttraumatic stress disorder (PTSD), and personality disorders. In contrast, incarcerated nonveterans were more likely to have a criminal history, including past arrests, parental incarceration, and juvenile detention. Although policymakers may be aware that some veterans they serve are at risk of criminal legal involvement, these national data reveal the magnitude and directionality of this problem: more than one in four incarcerated veterans experienced homelessness before criminal arrest.” (Elbogen et al., 2023)

“There has been a sharp increase in the military suicide rates in 2004. While, borderline personality disorder (BPD) has a stronger association with suicide attempts than any other mental health disorder, there is limited evidence concerning the prevalence and scope of BPD symptoms among military personnel.. This study demonstrated that a nontrivial proportion of suicidal soldiers meet criteria for this condition, which is strongly associated with self-directed violence. It is important to rigorously assess for the presence-absence of BPD criteria among suicidal military personnel and cultivate prevention strategies and treatment options for BPD.” (Fruhbauerova et al., 2021)

“An example of a “bad paper” discharge would be a service member suffering from Post Traumatic Stress or Traumatic Brain Injury who is administratively discharged by his or her Commanding Officer for self-‐‑medication with drugs or alcohol. Another example would be a less than honorable discharge given to a survivor of sexual assault who is deliberately but inaccurately given a “Personality Disorder” diagnosis, considered a mental health condition that pre-‐‑exists their military recruitment. Until recently, when this practice was brought to light (it has since been discouraged), the military commonly used this mechanism to quickly remove and punish rape victims. In both examples, although these veterans’ injuries were incurred through military service, neither veteran is currently able to access VA healthcare, disability, or other forms of support.” (Tayyeb & Greenburg, 2017)

“There is a robust association between receiving a bad paper discharge and post-separation/deactivation homelessness. Policies that enhance transition assistance and access to mental healthcare for high-risk soldiers may aid in reducing post-separation/deactivation homelessness among those who do not receive an honorable discharge.” (Naifeh et al., 2022)

“The increased suicide risk was unevenly distributed with respect to suicide method and type of PD. However, these differences were only moderate and greatly overshadowed by the overall excess suicide risk in having PD. Any attempt from society to decrease the suicide rate in persons with PD must take these characteristics into account.” (Björkenstam et al., 2016)

“Many combat veterans with PTSD have co-occurring symptoms of other forms of psychopathology; however, there have been limited studies examining personality disorders among this population. The few extant studies typically have assessed only two or three personality disorders or examined a small sample, resulting in an incomplete picture and scope of comorbidity.” (Bollinger et al., 2000)

“Of homeless Veterans in VHA, 39.7 % of females and 3.3 % of males experienced MST. Homeless Veterans who experienced MST demonstrated a significantly higher likelihood of almost all mental health conditions examined as compared to other homeless women and men, including depression, posttraumatic stress disorder, other anxiety disorders, substance use disorders, bipolar disorders, personality disorders, suicide, and, among men only, schizophrenia and psychotic disorders. Nearly all homeless Veterans had at least one mental health visit and Veterans who experienced MST utilized significantly more mental health visits compared to Veterans who did not experience MST.” (Pavao et al., 2013)

“The SMR [standardised mortality ratios] was substantially increased for all personality disorder clusters. Thus, there was an increased premature mortality risk for all personality disorders, irrespective of category.” (Björkenstam et al., 2015)

“Personality disorders are a class of mental health disorders characterized by individuals’ inflexible, socially inappropriate behaviors across diverse situations. By definition, PD cannot be caused by any other major psychiatric disorder, a medical disorder, or substance abuse. According to DoDI 1332.14, personality disorder is not incompatible with military service. For a service member to receive a PD discharge, PD must interfere with the execution of his or her duties. DoD considers PD a preexisting condition and service members discharged on that basis cannot receive disability benefits or other benefits, including health care, for symptoms that are considered part of their PD.” (Ader et al., n.d.)

***

I’m seeking support for the PDMDIA draft bill which is preventative in nature, enforces preexisting DSM diagnostic protocols for personality disorders (interviews of associates, coworkers, friends, family, etc.), and would provide service members and veterans with legislative they could INVOKE when they find themselves in a situation where a personality disorder misdiagnosis may occur.

If this is something you would like to be part of and if you have been diagnosed with a personality disorder either in uniform or as a veteran, reach out to me and let’s start a grassroots movement to mitigate the probability of misattribution of military trauma (MMT) because although many personality disorder misdiagnoses are deliberate, some are accidental when providers ignore certain diagnostic fail-safes out of ignorance or laziness and misinterpret trauma symptoms that can mimic personality disorder symptoms.

I’m also here to coach (for free) veterans on disability claims, mentorship, etc.

Thank you,



Curtis Anthony Hervey, G.C., M.R.E., Captain, U.S. Army, Retired

[email protected]

Cell: 620-215-4473



Citations:

38 C.F.R. §§ 3.303(c), 4.9.

61 Fed. Reg. 52,695.

Ader, M., Cuthbert, R., Hoechst, E., Simon, Z., Strassburger, M., & Wishnie. (n.d.). Casting Troops Aside: The United States Military’s Illegal Personality Disorder Discharge Problem N. Frank Legal Services Organization at Yale Law School. https://law.yale.edu/sites/default/files/documents/pdf/Clinics/VLSC_CastingTroopsAside.pdf

Boghossian, B., Hoechst, K., Parsons, A., Seaton, D., & Wishnie, M. (n.d.). Disorder in the Coast Guard: The United States Coast Guard’s Illegal Personality and Adjustment Disorder Discharges Prepared by. Retrieved July 3, 2025, from https://law.yale.edu/sites/default/files/documents/pdf/Clinics/vlsc_disorderintheCoastGuard.pdf

Björkenstam, C., Ekselius, L., Berlin, M., Gerdin, B., & Björkenstam, E. (2016). Suicide risk and suicide method in patients with personality disorders. Journal of Psychiatric Research, 83, 29–36. Redirecting

Björkenstam, E., Björkenstam, C., Holm, H., Gerdin, B., & Ekselius, L. (2015). Excess cause-specific mortality in in-patient-treated individuals with personality disorder: 25-year nationwide population-based study. British Journal of Psychiatry, 207(4), 339–345. Excess cause-specific mortality in in-patient-treated individuals with personality disorder: 25-year nationwide population-based study | The British Journal of Psychiatry | Cambridge Core

Bollinger, A. R., Riggs, D. S., Blake, D. D., & Ruzek, J. I. (2000). Prevalence of personality disorders among combat veterans with posttraumatic stress disorder. Journal of Traumatic Stress, 13(2), 255–270. https://doi.org/10.1023/a:1007706727869

Brignone, E., Fargo, J. D., Blais, R. K., Carter, M. E., Samore, M. H., & Gundlapalli, A. V. (2017). Non-routine Discharge From Military Service: Mental Illness, Substance Use Disorders, and Suicidality. American Journal of Preventive Medicine, 52(5), 557–565. Redirecting

Burton, N. (2012). The 10 Personality Disorders. Psychology Today. The 10 Personality Disorders

Court, D. (2019, May 6). Hervey v. United States of America et al. Justia Dockets & Filings; Justia. Hervey v. United States of America et al

Dean, C. E. (2021). Personality Disorders as a Basis for Discharge and Denial of Benefits in the Military: Logical or Abusive? The Journal of Nervous and Mental Disease, 209(3), 152–154. Personality Disorders as a Basis for Discharge and Denial... : The Journal of Nervous and Mental Disease

Elbogen, E. B., DuBois, C. M., Finlay, A. K., Clark, S., Kois, L. E., Wagner, H. R., & Tsai, J. (2023). How often does homelessness precede criminal arrest in veterans? Results from the U.S. survey of prison inmates. American Journal of Orthopsychiatry, 93(6), 486–493. APA PsycNet

Fruhbauerova, M., DeCou, C. R., Crow, B. E., & Comtois, K. A. (2021). Borderline personality disorder and self-directed violence in a sample of suicidal army soldiers. Psychological services, 18(1), 104–115. APA PsycNet

Groves, C. (2015). Exploring Issues Related to PTSD Versus Personality Disorder Diagnoses With Military Personnel. Journal of Human Behavior in the Social Environment, 25(7), 731–745. https://doi.org/10.1080/10911359.2015.1032645

Leroux, T.C. U.S. Military Discharges and Pre-existing Personality Disorders: A Health Policy Review. Adm Policy Ment Health 42, 748–755 (2015). https://doi.org/10.1007/s10488-014-0611-z

Naifeh, J. A., Capaldi, V. F., Chu, C., King, A. J., Koh, K. A., Marx, B. P., Montgomery, A. E., O’Brien, R. W., Sampson, N. A., Stanley, I. H., Tsai, J., Vogt, D., Ursano, R. J., Stein, M. B., & Kessler, R. C. (2022). Prospective Associations of Military Discharge Characterization with Post-active Duty Suicide Attempts and Homelessness: Results from the Study to Assess Risk and Resilience in Servicemembers—Longitudinal Study (STARRS-LS). Military Medicine.
Pavao, J., Turchik, J. A., Hyun, J. K., Karpenko, J., Saweikis, M., McCutcheon, S., Kane, V., & Kimerling, R. (2013). Military Sexual Trauma Among Homeless Veterans. Journal of General Internal Medicine, 28(S2), 536–541. https://doi.org/10.1007/s11606-013-2341-4

Tayyeb, A., & Greenburg, J. (2017). “Bad Papers”: The Invisible and Increasing Costs of War for Excluded Veterans. https://watson.brown.edu/costsofwar/files/cow/imce/papers/2017/Tayyeb Greenburg_Bad Papers .pdf
 
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