Hi there. First time posting. Been lurking for a while, reading up on what I thought was relevant to my claim. I’ve found the CUE section here to be very helpful so far and I’m excited at the prospect of finally figuring out what to do about my claim. Everyone I’ve spoken to thus far has been … well, they just don’t care about it as much as I do obviously… which translates into them not knowing what the hell they’re talking about and ends with them looking at me like I have two heads.
Here are the facts (Dates are redacted/ non-specifc for privacy.):
I enlisted in 2005 for 4 years with an original discharge date of March 2009.
While on my first deployment, in 2007, I re-enlisted for 6 years and received a new discharge date of 2013. I also received a DD 256- Certificate of Honorable Discharge.
I was discharged in 2010 with an UOTH conditions discharge - Chapter 10 - In lieu of trial by court martial for misconduct that began in July 2009 during my 2nd deployment.
One month after I separated, I went to my local VA and was told I was ineligible and to submit a claim to trigger a character of discharge review. I filed a claim that same day and went home rather upset as it was my understanding that I had “vested” my benefits by re-enlisting and really needed help for PTSD that was combat related stemming from my first deployment.
In 2011, my claim was denied due to an admin decision that my entire service from 2005-2010 was Dishonorable for VA purposes. There was no mention of my first term of service at all. The reasons and bases says that I enlisted in 2005 with a discharge date of 2010, which is just plain untrue.
My DD214 states in block 18 Remarks: “CONTINUOUS HONORABLE ACTIVE SERVICE: 200503XX-2007XXXX // IMMEDIATE REENLISTMENTS THIS PERIOD - - 2007XXXX-2010XXXX // (DELETED) // SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA// SERVICE IN IRAQ 2006XXXX-2007XXXX // SERVICE IN IRAQ 2008XXXX-2009XXXX // (DELETED) // MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE // NOTHING FOLLOWS”
I was able to use my Post 9-11/ GI Bill at a rate of 80% without any problems.
This is a CUE right?
How do I go about wording this and on what form?
I would like my effective date to be the day after I separated, and I believe that I’m entitled to that. Please confirm?
Since my claim was stopped due to the Admin Decision, I wasn't given a C&P exam or rated for the PTSD compensation I applied for — can I submit new evidence for my PTSD, along with the CUE claim? Or will that constitute new evidence and material to re-open the claim?
I would like to do it the best way to make the effective date the earliest it can possibly be.
I expect the CUE to cover just that first term of service and the combat medic related PTSD that I acquired during my first deployment. However, I also now have new evidence related to my second term of service, in which I received an OTH discharge, to report that would significantly change the outcome of that COD as well. The new evidence is my final admittance to myself and reality in general that I was raped during my second deployment. I did not tell my chain of command at the time, although I did tell my then husband at the time and my mother and current husband know now. This rape was what caused the misconduct for which I was separated in 2010. The rape also caused a lot of damage to my already damaged psyche and I just fell apart. I’m hesitant to add this information at this point with the CUE on the table, because I don’t want it to mean that I wont get the earlier effective date for the combat medic related PTSD. Is now the time to report that information as well? I’ve been seeing therapists for years about both the combat and MST related PTSD. I just don’t know when or how to submit/organize this.
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hesselgraverobber
Hi there. First time posting. Been lurking for a while, reading up on what I thought was relevant to my claim. I’ve found the CUE section here to be very helpful so far and I’m excited at the prospect of finally figuring out what to do about my claim. Everyone I’ve spoken to thus far has been … well, they just don’t care about it as much as I do obviously… which translates into them not knowing what the hell they’re talking about and ends with them looking at me like I have two heads.
Here are the facts (Dates are redacted/ non-specifc for privacy.):
thank you, any info at all helps.
-HG
fuckin hooah
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broncovet
I have not seen your file, but if the VA thinks you dont meet the required discharge eligibility, you are going down a rathole to nowhere until you get that discharge upgraded. The decision maker ca
broncovet
The VA has a particular "order" in which things are done. 1. First is service connection. Since you apparently are not service connected, you need to accomplish this, first. Work on making s
Berta
I think one problem here is that the VA might have considered the re enlistment as a 'continuous' period of service,meaning they are not considering the first period of service as HD.... But "I
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