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Fritts80

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    Fritts80 reacted to broncovet in If a veteran was discharged due to homosexual admission during the Don't Ask Don't Tell era, can the veteran use the nature of that discharge as an in-service event/stressor to file a service connected claim for post service mental health issues?   
    You can "file" a claim for anything, but we dont have a crystal ball to see if it will be approved.  While I was in service at least one was outed for this reason.  
    My advice for Veterans "finding a path" not taken in the past, if, indeed this is so, is to "go for it".  To find out go to CAVC/BVA cases and search for cases such as yours, using key words.  You might try several terms.  
    Very often  (the Veteran's own service connection theory) has been tried before.   I suggest you learn to research CAVC/BVA case law, to find out.  Its not real hard.  
    I could see what the judges say, but it often takes considerable time to go through the case law in the search results.  Even then, you know much more about your medical history, and military history than I do, so its better if you do it.  
    As far as a "discrimination" law suit, well, you can try that, but remember, AT THAT TIME, it was likely not considered discrimination.  (Race, creed, color, etc).   That one, also, you may need to look up, as I have no idea when you were in the military.    ITs pretty hard to sue someone for violating a law that does not exist at the time it happened.   It could take an act of congress to declare PAST discrimination (that is, prior to the law passage) to be enforced.  
    In other words, if your great great grandfather was a slave, for example, Im not sure you can sue for damages if there was no law to prevent it at that time.  
    I have found out that, for most Veterans, the VA does not give up its benefits easily (especially if there is no case law precendence) and the road to winning those is long and hard.  Not everyone is willing to travel that long hard path.  
    You might try finding an attorney who will represent you for this, some may, others may decline.  My "guess" would be that it would require an attorney to make it happen "unless" you are one of the few people who are great at representing themselves, and have no problem doing things like spending a couple hundred bucks on a Veterans benefit manual.  
    I am pretty sure my old (2014, I think) VBM is silent on the topic, but I am not sure.  Again, that would take research.  
     
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    Fritts80 reacted to Dustoff1970 in If a veteran was discharged due to homosexual admission during the Don't Ask Don't Tell era, can the veteran use the nature of that discharge as an in-service event/stressor to file a service connected claim for post service mental health issues?   
    The good news is you have an Honorable Discharge that entitles you to a full range of VA healthcare and Disability compensation benefits.
    I had excellent results in 2003(?) with the Army Board For Correction of Military Records (ABCMR) in obtaining much deserved and earned additional Army awards for my Vietnam combat in Nam as a medevac pilot in 1970.  I also had help from then Sec of Defense Cohn.
    Therefore, you should apply for a correction of your records.  The ABCMR website then had all the forms and instructions for downloading needed to apply for your update/corrections and issue of a DD 215.  I still have all my copies including a multipage letter I sent with the forms explaining why my need for request and also evidence to support my application.
    Good luck going forward.
    My comment is not legal advice as I am not a lawyer, paralegal or VSO.
     
     
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    Fritts80 reacted to Richard1954 in If a veteran was discharged due to homosexual admission during the Don't Ask Don't Tell era, can the veteran use the nature of that discharge as an in-service event/stressor to file a service connected claim for post service mental health issues?   
    A  veteran can claim anything as a stresser, but consider this.
    I was actually medically retired from the Army , my DD214 says as much and it classified me as F4 ( Notmedically  fit for service)  can I clam PTSD because of this?  Let me go a bit further, I actually was refused a job at the post office in Killeen Texas in 1988 because of my service connected medical condition, ( it wasn't legal but the PM did it anyway)  could I claim PTSD for this and win, Yes I could place a claim, remember we can place any claim, the question is will I win. I doubt it. Now you question is a what if, my reply was a real situtation. Reasonably, this did cause me a lot of stress and anger, and sometimes it still does make me angry.
    No one knows for certain you if  would be sucessful if you filed a claim. Each case is different, the first thing you would have to do is get a diagnosis,  and Nexus, then file the claim.
    ADDED: I would not and did not submit such a claim, because on it face it just seems to be part of life and life is not fair.
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