hesselgraverobber

I think the MST explanation must've confused everyone. I've reformulated my argument since starting this thread and seeing your replies. Forget about the MST altogether and please let me know if this is an acceptable CUE: Thank you greatly.

I have my C-file. I posted a few documents from it a few replies up. So I would submit a discharge upgrade and an amendment of records both to the BVA? Thank you broncovet!

I didn't apply for a discharge upgrade yet. I don't think they followed their own directives of due process in my original claim. They sent the decision to an address I wasn't at and then received the same mail returned to them, then quit trying to contact me and closed the claim before a year was up. They had my home of record, but didn't send anything there. I applied for and was awarded VA Benefits in 2011, the same year my claim was denied (yet I didn't know). Through my education application, they had my current address and didn't send me anything about my claim. I think the Hagel memo applies full and well to my second term of service, but not to my first. I am already entitled to VA Benefits, but no one is reading the regulations or my DD214 correctly. I have PTSD from my first term of service and want to be treated and receive compensation while I'm working on "Hagel"-ing my second term of service and applying for an upgrade for that period of time. For now, I'm looking for the fastest route to start receiving compensation while also preserving my contentions about the way my claim was mishandled the first time around. I am also interested in fighting the longer fight, but for now, it's very difficult to unpack everything that happened during my second term of service/deployment. What do you think?

Berta, thank you for your reply! Yes, they are viewing my service as continuous, however, https://www.swords-to-plowshares.org/guides/b2b says that doesn't matter and I should be able to have that first term recognized as honorable. I did not appeal because I actually didn't know of this decision until recently. They sent the notifications to an address I didn't live at and it was returned to them. So no, I did not appeal. I have record of the returned mail though. I think M21-1MR, Part III, Subpart v, Chapter 1, Section B covers this: d. When it is Not Necessary to Make a COD Determination It is not necessary to make a COD determination for VA claim purposes before the claimant applies to VBA and places the matter at issue, or if there is a separate period of honorable service, which qualifies the person for the benefits claimed Exception: A COD determination may be made prior to a claimant’s an application for VBA benefits, as noted in M21-1MR, Part III, Subpart v, 1.B.5.f Note: If there is any question regarding which period of service would qualify the person for the benefits claimed, a COD determination must be made before a rating decision can be completed. there's even an example in section 9 specifically about re-enlistements Vetsnet_CandP_Redacted.pdf DD214_Redacted.pdf AdminDecision.pdf

Thanks for your reply broncovet. Wow, 14 years? It's been 6 in my case, so in a way I'm grateful I haven't gone past a decade, but it's getting close. I keep seeing CAVC on here and I'm not sure what that abbreviation means. Do you mind enlightening me? The thing about my service connection is that when I originally filed my VA claim in 2010, VARO had all the information necessary to service connect me and didn't, so that would be a part of the CUE as well, no? I have my C-file & I really feel like diagnosis, event, and nexus were already there -- but I wasn't given a C & P exam for the PTSD & my claim was closed prematurely*, in March 2011 because of the admin decision saying that I was Dishonorable for VA Purposes. But you're saying that I should first create a new claim before CUEing? Wouldn't the VA just see that previous admin decision and say I was ineligible to apply for VA benefits? That's what a certain, un-named VSO told me. Grrr. I swear, I hear a different set of advice from everyone. Wading through it all has been quite a chore, but I feel like I'm finally getting a handle on what needs to be done. So thanks for the help. *I say prematurely, because shouldn't you have a year to submit all the evidence necessary for a claim? I submitted my claim in June 2010. So, technically, I still would've had 3 months left on my claim, had they not gotten the admin decision which barred me from benefits, no? Also, I looked up the pension info. Can't believe I didn't know that existed before. Thank you! Thankfully, right now, with my husband and I's combined income, we make too much to be considered low enough income, but it's a good resource to have for the toolkit. I might be able to help someone else out with that info or use it in the future. Goodness knows I could've used it so many times in the past 6 years. I'm completely ready and willing to file a new claim, but if it has some of the matching information that was in my first claim, will they consider this to further finalize the decision on it... or effective date is a separate issue that I can CUE on later without a new claim further finalizing any decision the VA has already made? Thanks for your help!

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. thank you, any info at all helps. -HG fuckin hooah