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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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landend

Need Advise On What To Do

Question

Need some advice, Going to just state the facts with no elaboration from me.Please comment on What I need to do

. Joined army Aug 1972 (17 years old)

5th week of basic MST

Suicide attempt 2 days later

Made to go to Pt Field on second day

Awake for almost 3 days, scared it would happen again.

Went AWOLWent back home and went to my moms house, She showed me a letter she wrote to me that was returned to her,with the words on the flap that said AWOL/Homosexual, (I'm not)

Second attempt on my life, than the minister picked me up and checked me into the Mental Ward 11/29/1972

Minister called recruiter and inquired about what they were going to do.

I was arrested at hospital a week later on Dec 7th and escorted to Ft Riley

Was not treated for any mental conditions, paper work proves it

During the time there I was put in the confinement with the really hard core criminalsI was beaten to a point of unconscious and teeth knocked out

When they gave me a discharge examination ,I only saw the Nurse The form They ask you to fill out about your health ,I stated all the problems I had with the beating,( have copy of it from army file)I was on some kind of drug given to me at the mental ward the entire time

It states on the discharge from the mental ward Personality disorder The file was given to the Mps ,but not in my army file, But I was able to get one from the hospital, 38 years later.

I was taken to a room where my attorney and the officer sat together and with in 10 minutes I was discharged

.I was escort to the front gate and released, with hospital slippers, and no coat,Jan in Kansas, no money ,all stolen in the beating, along with all ID. again 17 years old

What is my case if I have one, I was told back in the early 1970,s when I called the veterans, that I was not a veteran and could not help me.

Seen A VSO and with in 2 minutes said that with a OTH discharge (For the good of the service) did not see a case.

Please help, I want to deal with it before all my life is gone,or too old to enjoy some of it.

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With a dx of Personality disorder you really don't have much of a chance.

I don't see how in your case but I would usually tell a vet to try and get the information on their dd=214 changed.

You might try and file a claim by yourself but for what?

I like the VA will proberly do is ask what have you been doing for 38 years?

I would also question why you feel you are entilted for veterans benefits?

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An OTH doesnt tell us here whether you are statutorily barred from benefits.What else did the DD 214 say?

Could you elaborate on that point?

In this BVA decision they cite where to find the 6 conditions that bar veterans from any benefits.= 38 USC 5303

“The OTH discharge was not made on one of the six bases

enumerated in 38 U.S.C.A. § 5303(a) which constitute a

statutory bar to benefits. The character of discharge

assigned by the service department is not binding for VA

purposes, therefore, and VA must make its own determination

as to the character of discharge. 38 C.F.R. § 3.12(d).

Here, the RO determined in a February 2004 administrative

decision that the veteran's discharge was for willful and

persistent misconduct, and therefore the discharge was

dishonorable for VA purposes.”

The VA needs to make a Character of discharge determination.

Here is info on applyng for an upgraded discharge:

http://usmilitary.about.com/cs/generalinfo/ht/dischargeupgrad.htm

This brief article reflects how many vets were deemed as having a personality disorder when, in fact, they proved that actualloy had PTSD:

http://www.chicagovfp.org/ptsd/PTSD%20Discharge%20Upgrade.pdf

There is considerable information on the net on upgrading bad paper.

It involves a lot of work so best to start now to familiarize yourself with 38 USC 5303 and apply for the Character of Discharge determination if you are not statutorially barred from any benefit.

"5th week of basic MST"

If you have proof of that then there could be a good argument made for a better discharge and also a basis for a PTSD claim-if you have a PTSD diagnosis due to ths incident and current PTSD treatment records.

"Suicide attempt 2 days later" these records in your SMRs would be critical to the claim and to proving the discharge should be upgraded.

"Please help, I want to deal with it before all my life is gone,or too old to enjoy some of it."

It sounds like 38 years have passed already.

Have you yourself made any attempt at all to get your discharge upgraded?

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38 USC 5303 is explained in detail in this post:

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landend,

Welcome to Hadit.

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An OTH doesnt tell us here whether you are statutorily barred from benefits.What else did the DD 214 say?

Could you elaborate on that point?

In this BVA decision they cite where to find the 6 conditions that bar veterans from any benefits.= 38 USC 5303

"The OTH discharge was not made on one of the six bases

enumerated in 38 U.S.C.A. § 5303(a) which constitute a

statutory bar to benefits. The character of discharge

assigned by the service department is not binding for VA

purposes, therefore, and VA must make its own determination

as to the character of discharge. 38 C.F.R. § 3.12(d).

Here, the RO determined in a February 2004 administrative

decision that the veteran's discharge was for willful and

persistent misconduct, and therefore the discharge was

dishonorable for VA purposes."

The VA needs to make a Character of discharge determination.

It was a general discharge SPN 246,under condition other than honorable,I was wrote up for excellent the first month.

The DD214 SAYS in the Type of certificate issused box 13b NONE/258A

Tables 2-4 2-5 ar601-210 or Tables 2-2 & 203 ar 601-280 apply

Here is info on applyng for an upgraded discharge:

http://usmilitary.ab...hargeupgrad.htm

This brief article reflects how many vets were deemed as having a personality disorder when, in fact, they proved that actualloy had PTSD:

http://www.chicagovf...e%20Upgrade.pdf

There is considerable information on the net on upgrading bad paper.

It involves a lot of work so best to start now to familiarize yourself with 38 USC 5303 and apply for the Character of Discharge determination if you are not statutorially barred from any benefit.

"5th week of basic MST"

If you have proof of that then there could be a good argument made for a better discharge and also a basis for a PTSD claim-if you have a PTSD diagnosis due to ths incident and current PTSD treatment records.

"Suicide attempt 2 days later" these records in your SMRs would be critical to the claim and to proving the discharge should be upgraded. It just talks about the perscription for the physical pain,The doctor at sick bay was a real jerk,I just did not want to talk about anything in front of 100 people,and it pissed him off.

"Please help, I want to deal with it before all my life is gone,or too old to enjoy some of it."

It sounds like 38 years have passed already.

Have you yourself made any attempt at all to get your discharge upgraded? I have been trying to get it all together,Just it has been really hard this last 10 years,just want to be alone,and I,m on SSDI applied for it in 2002 and was awarded it the same month.?

Thanks for the help,its so much easier than having to read a lot and than get overwhelmed.

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