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landend

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Posts posted by landend

  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. 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

  4. 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.

  5. 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.

  6. 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.

  7. 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.?

  8. I hope you were not offended by that post I just made-

    I am simply making a logical point-as to the best evidence you would need-as to a contributing factor.

    Did the VA send you a VCAA letter for the Character of Discharge claim? I got a letter back in may that stated I need a couple of records, which I sent. Than I called and they said they were waiting for facts and circumstances??

    But just the one letter,but they did tell me that, they never seen a case like mine, that there was no punishment, just administrative discharge without character,

    Have you applied to the BCMR yet? Yes I have.Been almost 8 months and have not heard anything.

    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.

  9. 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.

  10. 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

  11. HelloDoes anyone know if when you submit your claim on VONAPP and than you floow up with additional documents for additional evidence if the y get it right away?Because I have not mailed anything to them just used the VONAPP for all the records with the VA Form 21-4138 except the forms for release of records the County officers sent those.Does anyone see a problem with this.

    Thanks

  12. Hello everyone.

    This is not meant towards anyone but only a thought from someone that feels a lot like the lady on Obesity Secondary to PTSD.

    I have asked many questions and I felt attacked right off the bat, I still had no answers.However I think that some of you old-timers, not age but experience forget what it's like for the entry level members, It is already quite a feat to try and get your four year bachelors degree in Veterans affairs in a couple of months, it a all confusing expedition to try to accomplish this when you are depressed, confused, troubled with worry about family, money, house, eating and you get to a point where you realize that (my situation) your old, fat, broke, no relationships that you can use to mediate your feelings with, and nothing fun in your life, you feel like you have lost out and there is no way to go back, So for me,

    To feel vindicated is my expedition to try and accomplish.I looked in a mirror about 5 years ago and now What happen to the last 40 years. someone stole them !When some of us start this asinine endeavor the government has established, just plain simple answers is all we want, or just where to look for them,

    After all Most of you are on here to learn or just help someone else and this tells me you are also needing something in your life to satisfy your void.

    Just my thoughts nothing more.

    So think if the shoes were on the other foot.

  13. John

    I have read over a hundred cases about the time constraints,and there is a 2/3rd percentage of the rule being waved ,so in I,m hoping.

    Question, on the veterans applacation, there is one doctor that my x-wife and I were seeing and she told my wife to get a divorce because I was not stable and even got her a attorney,

    The question is I don,t want to call her for medical records, How long will it take the VA to get them.

    Thanks

  14. I can understand your hate for the Army back then and what you had to go through but I would question how you think of the VA

    The VA is not the Army as is totally different in regards to how they care for vets. The Army could care less about you and your case and quite frankly probably would like it if you would just go away. In order to get an answer on your rights and if you were denied them, that question is more than likely going to need a lawyer and see what he says, and you and them would deal with the Army.

    As far as a claim for benefits that is where the VA will step in and while they do not require a video of everyday while we served. They will/do require proper paper work to be approved for veterans Benefits. I.E. dd-214 with a discharge classification and a diagnosis of a compensated disease and the connection to your service. That is it.

    Do they make us jump through hoops in a way but papers don't lie and if you have them and can proof your point. Then just like Josephine you WILL be awarded your deserved benefits.

    You have gotten some good advice here and I would be surprised if you follow it you will not be awarded. By the way when did you contact a VSO and he said he could not help you??

    I called waco in March of this year and emailed them in March, both times said they could not help, other than,if I filled out the forms they would mail them in.

    I also emailed 3 or 4 county and never got a answer.

    Good luck to you!

  15. I can understand your hate for the Army back then and what you had to go through but I would question how you think of the VA

    I never said I hate the army,I do however dislike the people that could have done something back than,but the mentaly of the officers at least at the time were so condsending towards the enlisted privates, As far as the VA I have no idea of how they are other than what you folks write here, which seems to me that there is a percentage of veterans that desrve benfits ,but have to fight for them, As there id millions of veterans some are going to be lacking proper paper proof from the people that should have done there job while in the service,

    The thing I hate is I have spent my life with the disapointment of not being able to serve as my dad did all his life,

    Help every now and than is more than a four letter word.Sometimes it's person crying both with anger or withdrawing or just giving up.Sometimes if your lucky, Help comes without asking,

    It could come as someone would rather keep you from falling, than to help you up when you do.

    The VA is not the Army as is totally different in regards to how they care for vets. The Army could care less about you and your case and quite frankly probably would like it if you would just go away. In order to get an answer on your rights and if you were denied them, that question is more than likely going to need a lawyer and see what he says, and you and them would deal with the Army.

    As far as a claim for benefits that is where the VA will step in and while they do not require a video of everyday while we served. They will/do require proper paper work to be approved for veterans Benefits. I.E. dd-214 with a discharge classification and a diagnosis of a compensated disease and the connection to your service. That is it.

    Do they make us jump through hoops in a way but papers don't lie and if you have them and can proof your point. Then just like Josephine you WILL be awarded your deserved benefits.

    You have gotten some good advice here and I would be surprised if you follow it you will not be awarded. By the way when did you contact a VSO and he said he could not help you??

    Good luck to you!

  16. Hello

    Again thanks for all the help

    I have read a lot about all the different things you must go through and I also understand the concept of why its done this way.

    But for the life of me, I don't understand why when it is clear to me and on paper records you still have to almost have photos and video of every minute of you time in the army,

    I have a IQ of 140s and I still cannot fuction with everydays task, such as haircut, denist, going to the store, Yet give me a 600 foot tower to build in the middle of China and I will do it with no problems. Send me to Vietnam and lay 1300 miles of cable across wildness and jungle no problem, but if I have a tooth ache I will suffer, If I cant get myself to the store I will go hungry.

    There is a lot of standard proceedure that were not done upon my discharge, such as The MPs signed me out of the county mental, why did I not have a Mental exam.

    Army Regulation 635–200

    7–10. Minors stationed in area other than area in which enlisted

    a. A Soldier serving in an area other than the area in which enlisted will not be discharged or released from custody

    and control of the Army until returned to the appropriate territory or area. (See AR 635–10.)

    b. As a response to the "additional instructions" lead line, reassignment orders will include one of the following

    statements, as appropriate, so that such separation may be accomplished promptly upon arrival:

    (1) "You are a minor and are being returned for discharge from the Army."

    (2) "You are a minor and are being returned for release from custody and control of the Army."

    I was released without any money, had hospital slippers for shoes, escorted to the gate and said there you go.

    Were my rights denied?

  17. With a dx of Personality disorder you really don't have much of a chance.

    I don't see how in your case but I would usually tell a vet to try and get the information on their dd=214 changed.

    You might try and file a claim by yourself but for what?

    I like the VA will proberly do is ask what have you been doing for 38 years?

    I have worked for the same company for 29 years,because I work in the country alone,with the exception of a few bad years ,but they understood ,because I told them the truth about my depression problems

    I would also question why you feel you are entilted for veterans benefits?Well other than , my childhood was spent from base to base, and when my dad died I joined the same week,

    and of corse having someone ram there penis up yourt rectom during the middle of the night and shove a rag down your throat till you pass out from choaking on your puke,you tell me

    Do you feel like it exceptable to do things to minors and than throw you in the cold.

  18. An OTH doesnt tell us here whether you are statutorily barred from benefits.What else did the DD 214 say?

    Could you elaborate on that point?

    In this BVA decision they cite where to find the 6 conditions that bar veterans from any benefits.= 38 USC 5303

    "The OTH discharge was not made on one of the six bases

    enumerated in 38 U.S.C.A. § 5303(a) which constitute a

    statutory bar to benefits. The character of discharge

    assigned by the service department is not binding for VA

    purposes, therefore, and VA must make its own determination

    as to the character of discharge. 38 C.F.R. § 3.12(d).

    Here, the RO determined in a February 2004 administrative

    decision that the veteran's discharge was for willful and

    persistent misconduct, and therefore the discharge was

    dishonorable for VA purposes."

    The VA needs to make a Character of discharge determination.

    It was a general discharge SPN 246,under condition other than honorable,I was wrote up for excellent the first month.

    The DD214 SAYS in the Type of certificate issused box 13b NONE/258A

    Tables 2-4 2-5 ar601-210 or Tables 2-2 & 203 ar 601-280 apply

    Here is info on applyng for an upgraded discharge:

    http://usmilitary.ab...hargeupgrad.htm

    This brief article reflects how many vets were deemed as having a personality disorder when, in fact, they proved that actualloy had PTSD:

    http://www.chicagovf...e%20Upgrade.pdf

    There is considerable information on the net on upgrading bad paper.

    It involves a lot of work so best to start now to familiarize yourself with 38 USC 5303 and apply for the Character of Discharge determination if you are not statutorially barred from any benefit.

    "5th week of basic MST"

    If you have proof of that then there could be a good argument made for a better discharge and also a basis for a PTSD claim-if you have a PTSD diagnosis due to ths incident and current PTSD treatment records.

    "Suicide attempt 2 days later" these records in your SMRs would be critical to the claim and to proving the discharge should be upgraded. It just talks about the perscription for the physical pain,The doctor at sick bay was a real jerk,I just did not want to talk about anything in front of 100 people,and it pissed him off.

    "Please help, I want to deal with it before all my life is gone,or too old to enjoy some of it."

    It sounds like 38 years have passed already.

    Have you yourself made any attempt at all to get your discharge upgraded? I have been trying to get it all together,Just it has been really hard this last 10 years,just want to be alone,and I,m on SSDI applied for it in 2002 and was awarded it the same month.?

    Thanks for the help,its so much easier than having to read a lot and than get overwhelmed.

  19. Need some advice, Going to just state the facts with no elaboration from me.Please comment on What I need to do

    . Joined army Aug 1972 (17 years old)

    5th week of basic MST

    Suicide attempt 2 days later

    Made to go to Pt Field on second day

    Awake for almost 3 days, scared it would happen again.

    Went AWOLWent back home and went to my moms house, She showed me a letter she wrote to me that was returned to her,with the words on the flap that said AWOL/Homosexual, (I'm not)

    Second attempt on my life, than the minister picked me up and checked me into the Mental Ward 11/29/1972

    Minister called recruiter and inquired about what they were going to do.

    I was arrested at hospital a week later on Dec 7th and escorted to Ft Riley

    Was not treated for any mental conditions, paper work proves it

    During the time there I was put in the confinement with the really hard core criminalsI was beaten to a point of unconscious and teeth knocked out

    When they gave me a discharge examination ,I only saw the Nurse The form They ask you to fill out about your health ,I stated all the problems I had with the beating,( have copy of it from army file)I was on some kind of drug given to me at the mental ward the entire time

    It states on the discharge from the mental ward Personality disorder The file was given to the Mps ,but not in my army file, But I was able to get one from the hospital, 38 years later.

    I was taken to a room where my attorney and the officer sat together and with in 10 minutes I was discharged

    .I was escort to the front gate and released, with hospital slippers, and no coat,Jan in Kansas, no money ,all stolen in the beating, along with all ID. again 17 years old

    What is my case if I have one, I was told back in the early 1970,s when I called the veterans, that I was not a veteran and could not help me.

    Seen A VSO and with in 2 minutes said that with a OTH discharge (For the good of the service) did not see a case.

    Please help, I want to deal with it before all my life is gone,or too old to enjoy some of it.

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