Moral Injuries: A Complex Issue in Veterans Disability Claims, but What About Compensation?

Navigating Moral Injury and Disability Claims

The issue of exploring the interdependencies - those connections between injuries like moral injury and vaccine mandates - inextricably linked to the actions of Defense Senior Leadership that denied service members sincere religious exemptions or options to ‘refuse’ based on principal (and law) is a highly complex one, especially for veterans seeking disability compensation.

The lack of trust in the Defense Department's leadership, which exists across all Services, only exacerbates the issue. The failure to thoroughly question the authority and legality of the mandates, coupled with the lack of proper assessment and communication of the risks involved - and more - has led to a severe sense of betrayal and violation of trust. This intense pressure and coercion to take the injection, often without transparent information on the potential risks, as well as the failure to consider religious, moral and legal objections to the mandates, have all contributed to the widespread incidence of moral injury among current service members and veterans.

Forced decisions that go against one's judgment and values can lead to a deep sense of moral conflict and distress, causing long-lasting effects on an individual's mental health and well-being. It is crucial to take into account the potential impact of coercion and forced decisions on the physical and mental well-being of service members, especially in the context of complex issues like vaccine mandates, trauma, and moral injury. In addition, the lack of accountability and transparency in the leadership's decision-making process and communication can further exacerbate the moral injury and erode the trust and confidence of the service members in their leadership.

The process of seeking disability compensation for moral injuries is complicated by the fact that, at present, we’re not sure if - related to the mandates — if it will be recognized as a claimable disability.

The issue of vaccine mandates and moral injury is also intertwined with defense readiness. The interdependencies of these issues presents a complex set of challenges that demand thoughtful consideration and nuanced dialogue, particularly in the context of ensuring the readiness and effectiveness of our military forces.

The significance of this topic regarding moral injury is further accentuated by the fact that the military's own actions, which have led to such injuries, have caused harm to the service members. This underscores the importance of discussing the possibility of veterans filing claims for injury, which could potentially be classified as a disability claim.

For those seeking to learn more about the complex and nuanced topic of moral injury, a valuable resource to turn to is Brad Miller.  After ongoing discussions with fellow veteran Brad Miller about the topic of moral injury, our interest in the subject culminated in a recent Twitter Space that provided a platform for further exploration and critical dialogue. I strongly encourage everyone to read Brad’s article on this topic. I deeply respect his work and recommend his articles for anyone interested in further exploring the topic of moral injury. His insights and expertise shed important light on the impact of moral injury and - subsequently — shed light on implications for veterans seeking disability compensation. He has a unique ability to distill these very nuanced, complex ideas into simple, accessible language, without sacrificing nuance or depth. His substack article can be found here  Brad Miller - Moral Injury

Moral Injury

The VA also has its own links and definitions on this topic. Learn more on their website about moral injury and how it relates to veterans seeking disability compensation. VA Moral Injury The VA acknowledges that a moral injury is often associated with an action or experience that goes against one's deeply held beliefs or values.

In traumatic or unusually stressful circumstances, people may perpetrate, fail to prevent, or witness events that contradict deeply held moral beliefs and expectations (1). When someone does something that goes against their beliefs this is often referred to as an act of commission and when they fail to do something in line with their beliefs that is often referred to as an act of omission. Individuals may also experience betrayal from leadership, others in positions of power or peers that can result in adverse outcomes (2). Moral injury is the distressing psychological, behavioral, social, and sometimes spiritual aftermath of exposure to such events (3). A moral injury can occur in response to acting or witnessing behaviors that go against an individual's values and moral beliefs.

The VA's recognition of moral injury is a step forward, but it remains to be seen whether it will be considered a compensable condition. Specifically - The question of whether these injuries will be recognized as service-connected disabilities, presumed to be related to the mandates (and all the issues surrounding them)

is yet to be determined.

Presumably, if a Veteran has a qualified medical opinion indicating that their depressive disorder (from the traumatic psychological, behavioral, social and spiritual insult) was caused by the vaccine/injection mandate during their service, it could be deemed service-connected and thus eligible for benefits under the current VA regulations.

If one considers moral injury as a traumatic event or stressor, proving service connection would require (1) medical evidence and (2) proof of its incurrence or aggravation during active service. (3) The nexus link would be met with a medical opinion linking current symptoms with the mandate (at least as likely as not).

Certainly, it may be possible for a Veteran - not diagnosed with depression - a mental health condition - but instead experiences a deep sense of moral injury due to a violation of their moral beliefs, they may still be eligible for disability compensation if they can provide evidence that their traumatic moral injury was related to their military service and can meet the ‘direct grant of service connection’ requirements.

For many individuals, the experience of moral injury - instead of being tangible and visceral, the moral injury is often intangible and deeply rooted in a person's values and sense of identity. This affects a person's core values and beliefs. It is a profound emotional and spiritual wound that resulted from experiencing or witnessing traumatic events (for instance, a senior leadership's egregious decision that caused the death or injury of troops, or forced them to carry out immoral, illegal or unethical actions, can be a traumatic event that results in moral injury). Therefore, although it can result in psychological symptoms, like depression, anxiety, or anger, it is not solely a mental health condition but rather a complex and nuanced experience that requires a multifaceted approach to ‘diagnosis’ - healing and recovery. Experts in the fields of psychology, psychiatry, and trauma would need to provide their insight and understanding of the concept of moral injury and its impact on the psyche in order to better inform the service member and assist those who may be experiencing it.

A lack of understanding of moral injury as a multifaceted and complex array of injuries and symptoms, both immediate and long-term, may hinder the recognition and treatment of this type of injury. The challenges in diagnosing it as a mental health condition may hinder the VA disability claims process, especially for as it relates to current DSM-5 mental disorders regulations.

It's necessary to add to this discussion the reasonable and legitimate concerns that some service members may feel outraged or hesitant about having their moral injury classified as a mental health condition - or disorder. The VA may argue that classifying moral injury as a mental health condition is not meant to stigmatize or pathologize those who suffer from it. Further, a service member's lack of understanding that their injury was due to the traumatic actions of their senior leadership, and if a service member faced the threat of losing their career if they did not comply with a mandate, this experience could be considered traumatic - but it would need to be ‘diagnosed’. These are just some examples of the fear-based stressors that are known to have occurred.

A "fear-based stressor" refers to a situation where an individual experiences fear or anxiety as a result of a particular stressor or traumatic event. In this case, if coercion was a part of these fear-based stressors, it could exacerbate the traumatic emotional and psychological toll on the individual and contribute to the development of moral injury.

It is very probable that filing a disability claim for moral injury would pose a conundrum for both active service members and veterans if the latter was the case. The challenge — the nexus or medical evidence (link) between the moral injury and the in-service traumatic event. (See CFR 3.303, 38 CFR 3.304) Principals relating to Service Connection

And, just to reiterate, while some may seek validation from mental health professionals, others may feel that their invisible injury goes beyond the scope of traditional medical diagnosis and speaks to a deeper sense of betrayal and disillusionment with their leadership. Therefore, this injury may be hard to ‘diagnosis’. It would be up to the ‘medical opinion’ to establish the pathology (link) between the event(s) and the current disability.

It's important to note that these are just opinions, and an official assessment from the VA or a legal representative is necessary to determine the eligibility for VA disability claims related to moral injury.

A network of mental health professionals who recognize and validate the concept of moral injury will be crucial for aiding Veterans. Lawyers may need to develop specific legal strategies and arguments to fight for the recognition of moral injury as it related to the mandates as a valid disability claim within the VA system. This could involve navigating complex legal and regulatory frameworks and advocating for policy changes to ensure that veterans with moral injuries are properly compensated for their service-connected disabilities.

Are there any lawyers who have insights or opinions on the potential recognition of moral injury related to vaccine mandates as a claimable disability for veterans seeking compensation?

The scope and scale of this injury across the armed forces is significant, and it is likely that legal professionals will need to be involved in addressing the issue.

With no clear answer on the compensability of moral injury, veterans affected by the mandates may be left waiting years for a resolution and potential compensation.

While they are waiting — a fundamental change in the culture of trust and leadership within the military is necessary to address the widespread issue of moral injury among service members.

We call on the Department of Defense and Veterans Affairs to weigh in on this matter and provide guidance on how to best support our service members and veterans.