Information for Iraq and Afghanistan era Army veterans across the country with "bad paper"


March 12, 2021

The ongoing lawsuit, Kennedy v. McCarthy, is a class action alleging that the U.S. Army failed to properly consider discharge upgrade applications from certain servicemembers who are affected by post-traumatic stress disorder, traumatic brain injury, military sexual trauma, and other mental health conditions. Army veterans whose discharge upgrade applications were improperly denied may lack access to health, education, and housing benefits they would otherwise be entitled to under existing laws.

If the presiding federal court approves the preliminary settlement in this case, affected veterans will receive relief that may include reconsideration of their discharge upgrade applications under new, more favorable procedures that reflect federal laws and guidance. All future Army veteran applicants will also benefit from a universal telephonic hearing program and new processes that better ensure applicants with these mental health conditions are treated fairly.

It is important that Army veterans, local veterans’ service organizations, and other service providers learn about this settlement, both so that eligible veterans may know of the potential benefits and so that they can submit comments about the settlement to the presiding court. The final hearing to determine whether the court will approve the settlement will be held on Zoom on March 24, 2021 at 10:00 a.m. ET. Constituents can learn more about the settlement and how to submit a comment to the court at