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landend

Seaman
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About landend

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    E-3 Seaman

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  • Service Connected Disability
    yes
  1. It's not the bonus's that really make us angry its the fact that they are rewarded in a system that is by far the stupidest system ever to be created, the amount of rules and regulations that are created to deny any claims and time it takes should be unconstitutional. The percentages of disability is such a scam, it takes tens of thousands of people to perform this task. I think that it needs to be a lot simpler, and no I have no idea how to make this happen, but what I do have is a big question? Why is there so many little pockets of veterans and not a huge group of us that require the begging of the congress to get our vote, than deals could be made to help fix the VA and the years it takes to get denied. For 80 years, we just keep letting them decide our fate.
  2. I just thought some of you might add some direction and answers. I have been waiting for 18 months for any word about my claim, so I contacted Congressman Jeb Hensarling office about my claim back in Feb of this year, and mailed in the form,No one ever contacted meSo again in April of this year I filled out the forms again on there web site and waited and still no one contacted me, I than called in about 6 times and no one ever returned my calls, I found out through another office that the person to contact was Margret, I than called until I reached her, about 4 more times,She said she had received the forms and had called and was told that it was still in development, which is almost word for word what they tell me when I callI call the VA 800 number the next day was told there was a decision made a few months back but could not tell me anything about the decisionI called many more times to Congress Hensarling office and when I did reach Margret, she said she would check into it,I waited a month and than called her many times till I reached her and she said that , She was told that it was a mistake and the Va people should not have told me about, That it was in a area they were not to divulge from that area of my file, this was in June 2011I emailed the County vso and he informed that they have everything they need to make a decision, this was the end of June 2011I waited until Mid July and emailed him again and he reported that they we very close to adjudicating my case.I than email him again last week and he said that I was denied because I never responded to the letter dated June 11th, 2011 and That I should have responded within 30 days and I didn't so they closed the case.I never received the letter and after many times calling the VA 800 number the county Vso, not one word of any letterI still have not received any letter of denial or a hurry up and die we hate veterans letter.
  3. Try looking up POST Viral Syndrome or do a google search for the same. Hpoe it helps
  4. I also called the county VSO and he says I just have to wait.
  5. Thanks, I have tried that and I get a response that says they will forward your request to waco. and never hear anything.
  6. Hello I have been waiting over a year for word on my claim, (discharge determination) and I called two months ago and was told that they have made a deternination but she could not tell me what it was because there screen did not show that, so I called again this morning and they stated the same thing that there has been a determinaton but did not know what it was, He also stated that they are waiting for a updated file from my doctor for the last six months on the medical part Question is why have I not heard anything from them and if it was denied, would they still want medical information.? Thanks
  7. I should have said that none of this really applies to me,and as far as mental, I was in a mental ward for the time I was awol, except for time it took to walk,hitch 2000 miles home. One thing I did notice on my discharge papers was 635-200 mental capacity does not apply, I was arrested at the mental ward and a file was given to the mps, Why would my jag not present this to the board? Seems like ineffective council to me.
  8. Will someone see if I,m reading this correctly, The VA will not decide until it has the facts and circumstances records, but there is none. Title 38: Pensions, Bonuses, and Veterans' Relief PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation General § 3.12 Character of discharge. (a) If the former service member did not die in service, pension, compensation, or dependency and indemnity compensation is not payable unless the period of service on which the claim is based was terminated by discharge or release under conditions other than dishonorable. (38 U.S.C. 101(2)). A discharge under honorable conditions is binding on the Department of Veterans Affairs as to character of discharge. I had no Character on my discharge, Just General For good of the service, OTH conditions (b) A discharge or release from service under one of the conditions specified in this section is a bar to the payment of benefits unless it is found that the person was insane at the time of committing the offense causing such discharge or release or unless otherwise specifically provided (38 U.S.C. 5303(b)). © Benefits are not payable where the former service member was discharged or released under one of the following conditions: (1) As a conscientious objector who refused to perform military duty, wear the uniform, or comply with lawful order of competent military authorities.I,m Not (2) By reason of the sentence of a general court-martial. I did not have a trial, Just a Administrative discharge and it states on the charge sheet is not offered a trial.I think that for this type ,it is not considered any of the Court Martial. (3) Resignation by an officer for the good of the service.Not a officer (4) As a deserter.Was not a deserter (5) As an alien during a period of hostilities, where it is affirmatively shown that the former service member requested his or her release. See §3.7(b). N/A (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 establish 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 was only AWOL 75 days,of which I spent 20 in the mental ward.never upgraded discharge, did not even know about it till late last year,discharged in Dec 1972 (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. AWOL was not prolonged (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.AWOL was not prolonged,scared,assaulted,17 years old, (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. (d) A discharge or release because of one of the offenses specified in this paragraph is considered to have been issued under dishonorable conditions. (1) Acceptance of an undesirable discharge to escape trial by general court-martial.NO trial, just Admin discharge (2) Mutiny or spying. (3) An offense involving moral turpitude. This includes, generally, conviction of a felony. (4) Willful and persistent misconduct. This includes a discharge under other than honorable conditions, if it is determined that it was issued because of willful and persistent misconduct. A discharge because of a minor offense will not, however, be considered willful and persistent misconduct if service was otherwise honest, faithful and meritorious. Never in any trouble, (5) Homosexual acts involving aggravating circumstances or other factors affecting the performance of duty. Examples of homosexual acts involving aggravating circumstances or other factors affecting the performance of duty include child molestation, homosexual prostitution, homosexual acts or conduct accompanied by assault or coercion, and homosexual acts or conduct taking place between service members of disparate rank, grade, or status when a service member has taken advantage of his or her superior rank, grade, or status. N/A (e) An honorable discharge or discharge under honorable conditions issued through a board for correction of records established under authority of 10 U.S.C. 1552 is final and conclusive on the Department of Veterans Affairs. The action of the board sets aside any prior bar to benefits imposed under paragraph © or (d) of this section.N/A (f) An honorable or general discharge issued prior to October 8, 1977, under authority other than that listed in paragraphs (h) (1), (2) and (3) of this section by a discharge review board established under 10 U.S.C. 1553 set aside any bar to benefits imposed under paragraph © or (d) of this section except the bar contained in paragraph ©(2) of this section.N/A (g) An honorable or general discharge issued on or after October 8, 1977, by a discharge review board established under 10 U.S.C. 1553, sets aside a bar to benefits imposed under paragraph (d), but not paragraph ©, of this section provided that:N/A (1) The discharge is upgraded as a result of an individual case review;N/A (2) The discharge is upgraded under uniform published standards and procedures that generally apply to all persons administratively discharged or released from active military, naval or air service under conditions other than honorable; and N/A (3) Such standards are consistent with historical standards for determining honorable service and do not contain any provision for automatically granting or denying an upgraded discharge.N/A (h) Unless a discharge review board established under 10 U.S.C. 1553 determines on an individual case basis that the discharge would be upgraded under uniform standards meeting the requirements set forth in paragraph (g) of this section, an honorable or general discharge awarded under one of the following programs does not remove any bar to benefits imposed under this section:N/A (1) The President's directive of January 19, 1977, implementing Presidential Proclamation 4313 of September 16, 1974; orN/A (2) The Department of Defense's special discharge review program effective April 5, 1977; orN/A (3) Any discharge review program implemented after April 5, 1977, that does not apply to all persons administratively discharged or released from active military service under other than honorable conditions.N/A (Authority: 38 U.S.C. 5303 (e)) (i) No overpayments shall be created as a result of payments made after October 8, 1977, based on an upgraded honorable or general discharge issued under one of the programs listed in paragraph (h) of this section which would not be awarded under the standards set forth in paragraph (g) of this section. Accounts in payment status on or after October 8, 1977, shall be terminated the end of the month in which it is determined that the original other than honorable discharge was not issued under conditions other than dishonorable following notice from the appropriate discharge review board that the discharge would not have been upgraded under the standards set forth in paragraph (g) of this section, or April 7, 1978, whichever is the earliest. Accounts in suspense (either before or after October 8, 1977) shall be terminated on the date of last payment or April 7, 1978, whichever is the earliest. (j) No overpayment shall be created as a result of payments made after October 8, 1977, in cases in which the bar contained in paragraph ©(6) of this section is for application. Accounts in payment status on or after October 8, 1977, shall be terminated at the end of the month in which it is determined that compelling circumstances do not exist, or April 7, 1978, whichever is the earliest. Accounts in suspense (either before or after October 8, 1977) shall be terminated on the date of last payment, or April 7, 1978, whichever is the earliest. (k) Uncharacterized separations. Where enlisted personnel are administratively separated from service on the basis of proceedings initiated on or after October 1, 1982, the separation may be classified as one of the three categories of administrative separation that do not require characterization of service by the military department concerned. In such cases conditions of discharge will be determined by the VA as follows: (1) Entry level separation. Uncharacterized administrative separations of this type shall be considered under conditions other than dishonorable.This is what mine should be ?? (2) Void enlistment or induction. Uncharacterized administrative separations of this type shall be reviewed based on facts and circumstances surrounding separation, with reference to the provisions of §3.14 of this part, to determine whether separation was under conditions other than dishonorable. (3) Dropped from the rolls. Uncharacterized administrative separations of this type shall be reviewed based on facts and circumstances surrounding separation to determine whether separation was under conditions other than dishonorable.
  9. landend

    Angry 38 Years Later

    Does anyone know what the AE & GT mean on the test you take when you start basic? It also says on the form Specialized training UCMJ whats is this a test they do?
  10. landend

    Angry 38 Years Later

    Thanks for all the suggestions. I also was thinking that the time I was being discharged it was from thanksgiving and the new year of 73 and they were lite on man power and probably did not want to be there But it's the little thinks that really stick with me, Like when I told the jag that there was a medical file for me from the mental hospital, and he said that there was not and he asked the co if there was one, than I said well he must of lied,he said he was a officer and they don't lie, that's reserved for the Nco's.that there was a moral difference between the two. There is 30 or 40 statements, that really still makes me angry, and for a time Some I believed, like I will be washing cars for a career.
  11. Hello I,m trying to understand why I am so angry after 38 years about the treatment I received during the discharge process at Fort Riley and the lies they stated on the records about no pretrial confinement,no issues concerning mental conditions,when they took me out of the mental hospital I was at when arrested. They never even mention the mental file the medicine I was on the beating I took while in lockup, the medical records show no problems, Yet I had marked them all on the form for separation How the say I was awol the last ten days while I was still there. Let me go with no money,coat,shoes,eyes swollen shut. I,m not even angry about the assault, just the treatment form Fort Riley Is it normal to be so angry as if it happen today,really mad about it?? Really vivid in my mind all of sudden.?
  12. You did not offend me, I just thought that it would help, The other reason for me was when we were doing our test in the first week the class room was full of smoke and many distraction with fire trucks, and my score was a lot lower than it should have been as were many others, so we were tested again and my scores were a lot higher like for some reason they flagged the GT and the AE score,what ever they mean, but they were 120s on first test and 148 and 149 on the second,and than They started asking questions about my goals??However with dementia setting in now a days I have to think about everything I say.But Thanks For all the great knowledge I have gathered here and from you and all of the others.
  13. I just thought that ,in my case 17 years old and assaulted and went awol,so the Va is deciding character of discharge, this would be a contributing factor, but I'm new at this and there is no doubt that you have forgot more about claims than I will ever hope to know.
  14. I been talking to a friend about when we at basic training and I remembered that there was a heat wave going on and back in 1970s there was no ac ,so everyone was really cranky and tried from to hot to sleep well. Sickbay was full and the med staff were really cranky and tired. Also there was a really large forest fire going on and the smoke was really thick and hard to breath and fire trucks 24 hours a day for weeks,started moving people around. There was also a bunch of guys caught selling and using weed, drugs Really a confusing time and still try making it through basic, so I thought that this should go towards claims for state of mind on awol,the way you were treated Just a thought for some that might need some things to go with the claims
  15. Thanks for the replies, I did get the email on the first claim,but I just keep summiting the papers through the computer,this way I have it documented when I print it off and show the va info on the top of all the copies and confirmation number. Thanks For the help.
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