Talk Justice, an LSC Podcast: Justice and Support for Veterans with Substance Use Disorders

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WASHINGTON– Veterans and legal experts discuss wrap-around services to address the needs of veterans with substance use disorder on the latest episode of LSC's “Talk Justice” podcast, released today. LSC Vice President for Legal Affairs and retired Air Force colonel Will Gunn hosts the conversation with Assistant United States Attorney for Rhode Island, Amy Romero; Managing Attorney for Colorado Legal Services’ Pueblo office, Bob Keating; Judge Taryn Heath of Ohio’s Stark County Court of Common Pleas; and former Under Secretary of the U.S. Army and Co-Founder of WorkMerk, Patrick Murphy.

Many veterans live with mental or behavioral health challenges, including traumatic brain injury, post-traumatic stress disorder (PTSD) and substance use disorder. Approximately 1 in 10 veterans returning from Iraq and Afghanistan suffers from some form of substance abuse. And according to the U.S. Department of Veterans Affairs, the rate of opioid use disorder among veterans is almost double that of the general population.

Civil legal aid, the U.S. Department of Justice (DOJ) and Veterans Courts provide vital assistance for veterans facing a substance use disorder, from obtaining health care benefits to securing treatment. This panel discussion originally took place at LSC’s November 19 event, “Honor in Justice: Supporting America’s Veterans.”

Judge Heath’s Honor Court was established as the first Treatment Court in the state of Ohio for veterans charged with felonies. The program provides veterans with a rehabilitative alternative to jail or prison. Everyone in the program is assessed for mental health and substance use disorders and is put on the appropriate treatment plan. They receive mentorship from other veterans, participate in community service and receive civil legal help. Many of the veterans who graduate from the program are able to expunge their records.

“The reason I named it Honor Court is I'm really stressing destigmatization,” said Judge Heath. 
“Our mission statement is reclaiming honor, dignity and lives, and we really focus on helping as many people as we can.”

“We save taxpayers money while also rehabilitating and providing our participants with a new foundation for the rest of their life,” Judge Heath continued.Connecting people with services is lifesaving.”

Keating said that Colorado Legal Services handled 500 cases for veterans last year, and many of them had struggled with substance issues or other medical issues like dementia. Whatever the reason, when people’s decision-making capacity is impaired, they can be taken advantage of through scams or fraud and need help from civil legal aid.

“One in five of our [Iraq or Afghanistan veterans], will suffer the two signature injuries of our wars: PTSD, post-traumatic stress disorder, or TBI, traumatic brain injury,” said Murphy. “So, [we need] to make sure that if they fall through the cracks, if they go down the wrong path, that it's not just prosecuting and put them in jail—that's how it was in the past.”

More than 20% of veterans suffering from PTSD also suffer from some sort of substance use disorder.

Romero explained that a key to her work as a member of the Department of Justice’s Servicemembers and Veterans Initiative is the Americans with Disabilities Act (ADA). The ADA gives protections to Americans with disabilities with respect to employment, healthcare, court, prison, schools, shelters and commercial spaces—but it is much more than physical accommodations like ramps and elevators.

“Substance use disorder and opioid use disorder are disabilities under the ADA,” said Romero. “There are three life-saving medications approved by the FDA: methadone, buprenorphine [and naltrexone], but the problem is, people who are prescribed this medication often face barriers due to stigma around the medications.”

Romero and her colleagues have seen prisons and sober housing refuse to allow inmates to have access to their medication, as well as primary care doctors who refuse to see patients who are taking these medications, or employers who refuse to hire someone if a drug test shows evidence of one of these medications. In one case, a veteran had come to the VA hospital for a medical issue, and afterward needed to be transferred to a skilled nursing facility. The facility originally said they had room, but after they found out the veteran was on suboxone, they denied him. His doctor filed a complaint with DOJ that made it to Romero, and she was able to reach a settlement with the medical facility—and all the other locations they owned—to change this discriminatory policy.

“Don't give up,” Judge Heath said, “As long as somebody wants sobriety, wants mental health, and is willing to continue to work at it, even though they may slip or fall, don't give up on them and give them hope and they will succeed.”

Talk Justice episodes are available online and on Spotify, YouTube, Apple and other popular podcast apps. The podcast is sponsored by LSC’s Leaders Council.       

Legal Services Corporation (LSC) is an independent nonprofit established by Congress in 1974. For 50 years, LSC has provided financial support for civil legal aid to low-income Americans. The Corporation currently provides funding to 130 independent nonprofit legal aid programs in every state, the District of Columbia, and U.S. territories.