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Second Class Petty Officers
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    E-4 Petty Officer 3rd Class
  • Birthday 05/28/1962

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  • Location
    Stafford, VA

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  • Service Connected Disability
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  1. MF6

    I just wanted to say thank you for your posts about your discharge upgrade. It gives me hope as I just filed with the BCMR regarding an upgrade to Honorable/Medical Retirement. Hopefully the new Kurta memo helps when it comes to my case. Thank you again!

  2. Imagine the following scenario: Veteran is TDIU, 100% P & T and is in VOCREHAB. Applies for jobs but keeps getting terminated. Obtains one where he is making a substantial amount of money. 11 months into it he is terminated for too many doctor visits, and allegedly not getting along with coworkers, etc. Litigation ensures with the former company over the termination. All along he has reported his positions to the VA VOCREHAB. Received paperwork from VOC indicating receipt. Fast forward a few years later, and two special agents show up and state, repeatedly, "you can work", you can work" and you made $175,000.00 in one year and never reported it to us". This was the most amount of money the veteran had made, ever. The paperwork to VOCREHAB shows that it was reported. The veteran and his wife have a very small business and the wife primarily handles everything in it. About 10% of the work is performed by the veteran. Veteran travels out of state once a month on the family business. (Farm) Veteran takes about 400.00 per month from the business. special agents are using this to indicate the veteran can work. Veteran has extensive medical issues and attends doctors appointments at least two times a week. Most if not all employers will not tolerate this level of absence from an employee. VA special agents also allege that a letter to the VA from the veterans wife is forged. Wife is unsure if it is her signature or not but states every aspect of the letter is accurate nonetheless. She states that the veteran has had her permission to sign her name on documents previously. So here are the questions from the bizarre set of circumstances: is TDIU null and void based on the amount of money you make, if there is a clear pattern of rocky employment, even if in one circumstance the income is significant? Is TDIU void if there is any indication of employment and/or is it an objective standard taking into account the total circumstances of the person? Is minimally working in a family farm detrimental to TDIU? PS: The complaint to the VA was submitted by the former employer to retaliate against him for filing a civil lawsuit. thanks in advance for your assistance.
  3. All, was awarded SMC with a backdate to the Bradley v. Peake decision in 2008. Retro dropped in bank this week. In addition was awarded SSA. Trying to navigate the SSA now as they tell me that I need to get info in about children and spouse so that I can get larger amount. Thanks for everyones assistance.
  4. I was awarded 70% PTSD, IU, then 50% for Chronic Sinusitis, 50% for migraines, 10% for HBP in 2007. Would these ratings qualify for SMC or must the award be 60% beyond the 100% with IU? Thank you.
  5. We live on five acres and have a huge home. We pay almost 7500.00 per year. this is going to be a huge reduction for us every month in our loan payment. this is great news. Thank you to everyone who got the news out.
  6. Final reminder to all Virginia Voters. Please get out and vote and don't forget to Vote Yes on this Bill!!!
  7. There is more to it than this. In addition to the amount, there must be an indication that there has been a steady 12 month period of employment in order to trigger the C &P. This is my understanding.
  8. I too was stationed at Ft. McClellan from 1980-81 for OSUT at E-11 MP Bn. I recently filed a claim for connection due to the chemical cleanup problems they had down there and diabete. Even with an IMO from Dr. Bash the claim was denied.
  9. Can you tell me where I can get the supplemental insurance? Thank you and Happy Thanksgiving. Jerry
  10. Of interest to Veterans who are taking Serroquel also known as Quitepan (? Spelling) it has been learned that Astra Zeneca allegedly knew that this med caused diabetes in those who took it and failed to warn patients. I dont know if this could lead to a request for a secondary connection, but lawyers are representing individuals against Astra for misleading patients if you developed diabetes while taking this medication. You can do a Google search to find an attorney in your area if you used this medication.
  11. I have to say that Dr. bash took my 30 percent PTSD claim, my denial of SC for Hypertension, Migraines and Sinusitis to 70% PTSD, 50% Migraines, 50%Sinusitis and 10% Hypertension. Awarded a 26 month back pay for IU. Dr. Bash's IMO was quoted quite a bit by the DRO in her opinion. Yes the cost was $3500.00 but the investment was well worth it.
  12. I need a little advice. I am currently 100% IU PT. I recently submitted a claim for degen arthritis of the spine, paralysis of the sciatic nerve, and scars. The VA sent me the VCAA very quickly and also sent me a letter telling me that I was being considered for a Non Service connected Pension based on my income (or lack thereof). The letter says that I am entitled to a Non Service pension along with the IU if our household income meets a certain level. After reading the VA website, it doesnt seem correct. I dont thin I am entitled. It appears that you can only collect either the VA comp or the VA non serv connected pension, but not both. Is there anyone here who has any experience with this who might be able to shed some light?
  13. Generally speaking it is the nature of the offense that determines if it is a felony or misdemeanor and not the level of the court martial. If you committed larcery over 100.00 that is a felony. If what you did was in the nature of a military offense, i.e. disrespect, disobey an order, etc, than those would be classified as military offenses and unless aggravated by some other offense would be misdemeanors. As a rule under all US law (even military) if the penalty (not the sentence) for an offense is 366 days in jail up to the death penalty it is a felony. If the penalty for the offense (not the sentence)is 365 days or less, it is a misdemeanor. This really becomes important when filling out the OF-306 forms and SF-85/86 forms for Government Employment/Security Clearance as answering incorrectly could result in denial of security clearance and job loss. Even those convicted of felony crimes are getting security clearance these days so its always best to answer all questions honestly.
  14. What Wings said is correct, you cannot go to the Board and say you want your Discharge Upgraded for Mental health reasons. The Board will be compassionate and tell you they appreciate your position, but they will deny the upgrade barring some exceptional reason which occurred outside the military. If you have already submitted, you can amend your request and I would do so immediately after doing some research. Your eyes will go cross-eyed reading the material in the research room but it is well worth it. Try to find a case that is similar to yours where te Board upgraded and use that as an example. Come to DC or whereever the Board meets. It is well worth the money especially since the upgrade is important to you.
  15. If you were in less than three years, you were not entitled to a discharge board. Your commander would have been the sole authority on the discharge with the BCD or General Court Martial Covening Authority giving the final say. Examine the discharge packet. If you dont have it, apply to the DRB for an upgrade, they will obtain your file then ask you if you want to review your file prior to giving a formal presentation to the board. (Make sure you indicate on the application that you want to give a formal appearance before the Board, your chance of an upgrade is much higher) Look at the regulation they used to discharge you and determine that it is accurate. A common error that commanders make, is if a SM is court-martialed and found not guilty, they use the aquitted offense to support the admin discharge since the standard of proof is less(i.e. criminal is proof beyond a reasonable doubt whereas admin is preponderance of the evidence). Unless they obtain HQ Department approval first of thier respective branch, this is improper and the Appeals Board will reverse the discharge.
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