1. Problem Overview almost one in five, nearly 320,000, military service members returning from Afghanistan and Iraq suffers from brain injury, posttraumatic stress disorder, and/or depression. Combine this with the alarming rate of suicide among returning veterans and we face a brutal self-examination as to what we owe these veterans. The number and needs of these veterans are unprecedented as they require care not just for their immediate physical and mental injuries, but also support and sometimes intervention with the everyday challenges of life for years, possibly decades to come. A balance must be found between supporting the veteran and his or her family and protecting the veteran from self harm or the inadvertently harmful actions of family.
Department of Defense initiatives on Resilience, Recovery, and Reintegration through the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (DCoE) has accomplished a lot in its first year, but is not geared toward community reintegration. Since October 2001, nearly 1.6 million US soldiers and marines have been deployed to Iraq and Afghanistan. Of those with brain injury, PTSD, and/or depression, roughly 70% will not be treated within the Department of Defense or the Department of Veterans Affairs systems. The latter condition is alarming, but veteran groups have made this point repeatedly, and been ignored. It is now obvious that they are right.
These injured veterans are not completely incapable of making decisions, and they are certainly not uninterested, but they may not have the executive functions to make good decisions for themselves or have sufficient insight to seriously consider their own interests. However, they should never be discounted in the decision making process even as others may need to step in to make decisions, large and small, on their behalf. Dr. Ibolja Cernak of the Johns Hopkins University Applied Physics Laboratory is quoted in Lizette Alvarez’s August 26, 2008 New York Times article, Home From War, Veterans Say Head Injuries Go Unrecognized, as stating, “there is no cure for those with prolonged concussion symptoms, only methods to help them learn to adapt.” One Iraq war veteran in a recent interview compared traumatic brain injury to a head cold that does not go away.
2. Practical Solutions among many practical solutions, the one that is likely to have the greatest impact on veterans’ recovery is Senator Clinton’s Heroes at Home Act of 2007. This legislation would establish a family caregiver personal care attendant training and certification program to train and certify family caregivers as personal care attendants, qualifying them for compensation from the VA. This RRTC goes a long way toward meeting the veteran’s physical and social care giving needs, however, it inadequately addresses the larger issue of decision making related to those needs.
The indeterminacy associated with recovery from war related brain injuries and mental health disabilities as well as the waxing and waning capacity of the injured veteran require more flexible programs for advocacy and support in decision making than advance directives and surrogate decision making laws provide.
Rigidly legalistic approaches will not suffice. Guardianship, with the associated revocation of rights, may seem like the obvious solution in many of these cases, but it should be a last resort step unless there are reasonable temporary or limited guardianship options; unfortunately, these options are simply not available in most jurisdictions. A process of support and advocacy that keeps the injured veteran squarely at the center of deliberation and decision making is needed; an approach that maximizes the veteran’s decision making capacity and engagement with decision making, while protecting the veteran from decisions clearly not in his or her self interest. Any approach must maintain a delicate balance between allowing the veteran to make what may be suboptimal or even bad decisions for him or herself (just as anyone might make) and protecting the veteran from making truly harmful decisions.
3. Ongoing Advocacy a coordinated program of ongoing advocacy and support in decision making is needed for our injured veterans. Administered through and accountable to the National Institute on Disability and Rehabilitation Research, we recommend a “Veterans Recovery & Diagnostic Center” for veterans with brain injury as well as mental health service-connected disabilities be housed temporarily in Prince William County, Virginia while a new facility be built in Loudoun County Virginia to house facilities for trained teams to work with and support the veteran and as well oversee the long and short term decision making. The “Veterans Recovery & Diagnostic Center” hospital, when completed, would house 250 beds available to veterans for short and long term stays (up to a year) on a revolving basis, a cafeteria serving three healthy meals a day, and athletic facilities with mandatory individualized daily fitness programs. Veterans would be required to participate in an academic curriculum through a consortium of local universities, and the environment would be conducive to mental health recovery. Veterans would have life-time access to the “Veterans Recovery & Diagnostic Center” hospital any day of the year for counseling, guidance, and assistance regarding everyday life decisions. The teams would include: 1.) the veteran; 2) someone from the medical team familiar with the individual’s medical needs and capacities; 3) someone from mental health or social services familiar with programs available to the veteran; 4) someone from the family or a friend designated by the veteran; and 5) a lay, community, or religious person to serve as advocate and ombudsman.
4. Multidisciplinary Program this type of multidisciplinary program brings varied perspectives and skills and can best ensure that a holistic and balanced approach is provided, one that keeps the injured veteran’s interest foremost in all considerations. The teams would need to be trained in process and must have both authority and accountability for their work. We envision these teams operating and reporting to the NIDRR-funded Model System Knowledge Translation Center and the Department of Veterans Affairs on a quarterly or biannual basis in a similar manner to the way that interdisciplinary care planning is carried out in nursing homes. In many if not most cases, the team may find that the veteran is receiving all needed care and is in a safe and supportive environment, in other cases, this external oversight will help to protect the veteran from the types of disastrous decisions that too often lead to homelessness and incarceration of those with brain injuries. Ongoing monitoring and early intervention should help our veterans and protect them. It’s the least we can offer them.