shotgun

Berta, Thanks for responding and to answer your first question, no they did not. They have not listed any of the new evidence. Your second question was what was the diagnosis for the medical discharge, it was schizoaffective disorder. Your third question, scan their denial letter with evidence list? I can but I will not because it’s not relevant to my question above. The question above is has this been seen before basically. Moreless has anyone seen such a blatant disregard for a claim, in addition they are just skipping through it as it seems to me. Your fourth question, did a lawyer or MH doctor write the memo? No I wrote the legal memo that was supplied with the VA Form 20-0995 (Supplemental Claim) and attached it to VA Form 21-4138 (Statement in support of claim), I layed it out exactly as defined by the US Court of Veterans Appeals format and references for each statue, regulation the whole nine yards. Furthermore the issue with the other guy your pertaining to, well that’s unfortunate he being untruthful and what not but that’s not my situation and he doesn’t have anything like this situation I assure you. As to looking up his case on the BVA well that’s out in left field, I know what options I have as to a CUE, I was asking for advice and feedback from folks that have seen this kind of debacle and what they did about it. I don’t need a investigation as to if I’m telling the truth or not about my discharge but maybe a point here and thereso I can put the pieces of this puzzle together. Thanks but obviously I have wasted my time here.

Brokensoldier244th, Thanks for the response and yes your partially correct, C.F.R. 3.12 Character of Discharge, all of this statue applies especially (6) By reason of a discharge under other than honorable conditions issued as a result of an absence without official leave (AWOL) for a continuous period of at least 180 days. This bar to benefit entitlement does not apply if there are compelling circumstances to warrant the prolonged unauthorized absence. This bar applies to any person awarded an honorable or general discharge prior to October 8, 1977, under one of the programs listed in paragraph (h) of this section, and to any person who prior to October 8, 1977, had not otherwise established basic eligibility to receive Department of Veterans Affairs benefits. The term established basic eligibility to receive Department of Veterans Affairs benefits means either a Department of Veterans Affairs determination that an other than honorable discharge was issued under conditions other than dishonorable, or an upgraded honorable or general discharge issued prior to October 8, 1977, under criteria other than those prescribed by one of the programs listed in paragraph (h) of this section. However, if a person was discharged or released by reason of the sentence of a general court-martial, only a finding of insanity (paragraph (b) of this section) or a decision of a board of correction of records established under 10 U.S.C. 1552 can estalish basic eligibility to receive Department of Veterans Affairs benefits. The following factors will be considered in determining whether there are compelling circumstances to warrant the prolonged unauthorized absence. (i) Length and character of service exclusive of the period of prolonged AWOL. Service exclusive of the period of prolonged AWOL should generally be of such quality and length that it can be characterized as honest, faithful and meritorious and of benefit to the Nation. (ii) Reasons for going AWOL. Reasons which are entitled to be given consideration when offered by the claimant include family emergencies or obligations, or similar types of obligations or duties owed to third parties. The reasons for going AWOL should be evaluated in terms of the person's age, cultural background, educational level and judgmental maturity. Consideration should be given to how the situation appeared to the person himself or herself, and not how the adjudicator might have reacted. Hardship or suffering incurred during overseas service, or as a result of combat wounds of other service-incurred or aggravated disability, is to be carefully and sympathetically considered in evaluating the person's state of mind at the time the prolonged AWOL period began. (iii) A valid legal defense exists for the absence which would have precluded a conviction for AWOL. Compelling circumstances could occur as a matter of law if the absence could not validly be charged as, or lead to a conviction of, an offense under the Uniform Code of Military Justice. For purposes of this paragraph the defense must go directly to the substantive issue of absence rather than to procedures, technicalities or formalities.

GBARMY, Thanks, I appreciate it and yes I have read about the VA's Character of Discharge and getting it upgraded. I filed with the ABCMR about 8 months ago awaiting their decision. I have about 90% of my mental health records from Fort Bragg. What I do have is overwhelming to say the least. The angle I am pursuing while I await a decision is my character of service, the VA cannot change nor upgrade a service members discharge but they can make a determination on the character of service for VA benefits. The VA determined it was "dishonorable" for VA purposes and denied compensation. Furthermore they contradicted themselves because I applied for a VA home loan and they determined my character of service was sufficient and I used the very same evidence for each. They are both are under the VBA not separate but it's obvious the game their playing, deny, deny, deny until it lands on someones desk that understands the Code of Federal Regulations and VA regulations.

Can someone please tell me this is normal for the processing of VA supplemental claims? October 28, 2019 I submitted my supplemental claim with the locations of new and relevant evidence and four buddy statements if you will, the VA closed it on November 20,2019 with out explaining why. I submitted a VA Form 27-0820 to request an informal conference via telephone to explain why? While waiting for the call the claim magically re-opened and after the call with the idiot who's only answer was not eligible over and over. The claim closed again on December 13, 2019. So I waited for my missing mental health records to arrive to submit them on the next supplemental claim. March 10, 2020 I submitted it, the most easiest to read legal memo ever with OVERWHELMING evidence to prove insanity and settle this once and for all. March 23, 2020 they closed it without contacting me again, didn't even schedule a C&P. Like I needed one anyways because I've been seen by mental health doctors since 2013 for the same thing(So I think), plus I am currently under a VA Psychiatrist and she diagnosed me likewise. The claim magically again appeared on October 28, 2019. The very next day March 24, 2020 it was on VA.GOV and then on March 31, 2020 it was closed and finally they mailed an administrative decision outlining the evidence used in making this determination I'm not eligible because of my character of service(AWOL 180 days or more) . Well in the list of evidence used it had everything except my new evidence, the most important evidence. Furthermore this evidence proves 9 diagnoses, over 70 days in the WOMACK psych unit and the paperwork for a medical discharge from Fort Bragg. Also the last seven years of private medical records including my current VA treatment. Can someone explain this madness. By the way I have submitted my higher level review on April 1, 2020. Thanks any advice would be great.

Thank you Broncovet and Pete992

Hello, My claim is being denied over and over again since 2009 and the VA states it is due to my OTH Discharge . Here is a rundown of the claim, Bars to benefits per the VA: 1. AWOL more than 180 days 2. Acceptance of OTH discharge in-lieu of General Court Martial. VA states no records indicate insanity at time of offense, nor compelling circumstances. I recently was made aware my mental health records from Fort Bragg do exist but for 12 years I was told they don't. Someone eventually informed me after countless calls that they do exist and cannot be released to me because of the sensitive information within and might me attempt suicide? I filled the supplemental claim October 28, 2019 with 4 "buddy statements", gave specific locations of these "clinical inpatient records from Fort Bragg", listed my current mental health treatment records from 2012 to 2019 and I am now seeing a VA psychiatrist at the mental health clinic in Tampa, FL 2019 to 2020. VA closed the supplemental claim Novemeber 20, 2019 after 23 days. Called and requested a informal hearing via telephone with ST. Petersburg Florida RO, called 800-827-1000 and a represenative filled out VA Form 27-0820 on my behalf. Mysteriously the same supplemental claim "reopened" on VA.GOV Website and after speaking with a "Assistant Coach" as the man claimed he literally said my claim had no hope and to just give up cause your service is dishonorable. VA closed supplemental claim again December 13, 2019. Fast forward to February 2020 and behold my long awaited clinical inpatient records from Fort Bragg arrive, My period of treatment was from August 1998 to February 1999, the records I got covered only November 1998 to February 1999. I was excited because I finally had the silver bullet and my records proved I had 9 different diagnoses, 52 days in the WOMAC Psych ward at Fort Bragg. Plus I was awaiting for a bed at medical holdover for a Physical Evaluation Board to wrap up my medical discharge. Filed Supplemental claim March 10, 2020 with a clear and concise case that I was insane at the time of offense and 13 days later on March 23, 2020 claim closed again but here is the kicker they once again reopened the October 28, 2019 claim and as of yesterday March 31, 2020 they closed it again. After speaking with a VSO who called on my behalf to inquire the reason, and no surprise it was the character of my service and once again they denied me even though I provided a legal brief that I learned how to write so they could understand every statue and regulation that applies to my claim. Lastly, here is one more point I applied for a VA home Loan certificate and was denied which I knew I would be but wanted the character of service determination and I got the letter stating my character of service is sufficient for VA purposes, so go figure? If anyone can please help me here I would greatly appreciate it, I am exhausted from staying up every night reading statues and VA regulations, I am about at the end of my rope. Sincerely, yours Frankie I.