hesselgraverobber

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? 

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!

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 can/does/will rely on information available to him at the time, and, if that is incorrect, the burden is on you to have it changed.  To get errors from your record fixed, you should try this, first:
1.579 Amendment of records. (a) Any individual may request amendment of any Department of Veterans Affairs recordpertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:
(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or
(2) Inform the individual of the Department of Veterans Affairs refusal to amend therecord in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.
(Authority: 5 U.S.C. 552a(d)(2)) (b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on therequest, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.
(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individualsresponsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requesterof the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.
(2) The following field officials are designated as responsible for the amendment ofrecords or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.
(Authority: 5 U.S.C. 552a(f)(4)) (c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))
It may be more complicate than that if this is a discharge upgrade.  Heck if you want the fastet method, then do both at once...the discharge upgrade and the amendment of records.  
If you dont have a copy of your cfile, get one.  Only then, would anyone know if this is a "CUE" or not...its possible your file was intertwined with another Vetrans.  If it is, yours would not be the first.  
There are 3 common things Vetarans who win benefits almost univerallly have in common:
1.  They apply and give VA everyithing t they ask or request.  
2.  They study the regulations or have someone who knows study them.
3.  They keep on appealing until they win.  

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  was able to use my Post 9-11/ GI Bill at a rate of 80% without any problems." 
This is very problematic:
"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. "I will try to find something at the BVA on this, because you re upped while still within the first period of service..  
When did the COD decision come? Did they give you full appeal rights?
Did you act on appealing this decision within the first year after it arrived?
The Hagel Memo has changed situations like this for some veterans....but not enough and I believe there is legislation in Congress to bolster the Memo's guidelines up.
There is plenty under a google search on the Hagel Memo.
Did the VA completely deny you VA health care?
Lots to read here but it all explains the Hagel Memo
 
http://community.hadit.com/topic/59175-yale-law-school-vets-clinic-re-oth-vets/
(this link is about a radio show I did with Jerrel Cook and an attorney from the Yale Law School Clinic on the Hagel Memo....I will try to find the show in our archives here) 
https://vetlawandbenefits.org/2015/12/07/achieving-justice-for-veterans-with-pstd-and-bad-paper-some-progress-but-a-long-way-to-go/
https://ftwvetnews.wordpress.com/2016/03/09/dod-improves-discharge-upgrade-process-for-veterans-with-ptsd/
I am concerned about the 2011 date of that decision and what came after that.
It seems you do have New and Material evidence, to re open the claim with..
but hopefully others will opine on this as well..
I am under the impression that a bad paper discharge , with a separate Honorable discharge a DD 214 ,not a 256, even if only one day occurred between the first discharge and the additional new enlistment ,is what can make the initial period of service, one that warrants a HD, overcome any bad paper from the second , separate period of service. 
 
 
 

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 sure your "big 3" are documented: Current diagnosis, in service event or aggravation, and nexus.  
2.  Next, is effective date.  An effective date is irrelevant if you are not service connected.  
So, before you work on CUE, or effective dates, work on service connection first.  Then, you can file a cue to try to get an earler effective date, should that be appropriate at that time.  
    This said, I completely get why you would want to go ahead and file a cue, get benefits at an earlier date.  However, you simply need to get service connected, a disability percentage, and effective date in that order.  There is no shortcut to that.  
    If you have little or no income, then you should consider applying for pension if you have not already, since it sounds like you served in wartime.  If you are making 1200 a month or so pension, it makes waiting on your benefits much easier, as 1200 per month is better than 1199 per month MORE than nothing.  I wish I would have applied for pension much, much earlier...I had no idea it would take me more than 7 years to get my benefits.  In fact, its been 14 years and I still dont have them all, Im currently in appeal at the CAVC.