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ertle

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ertle

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berta

i have smr were i had requested med. treatment. my local vmc has me under thier care an they are treating me for the symptoms i was going to theapry sessions but funds ran out for gas .i was chaptered for missconduct an sent home after almost 8 yrs

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Berta

Berta

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If the military stated it was "willful and/or persistent" misconduct- the VA will have to determine your character of discharge before establishing eligibility for VA claims purposes-

then again you do receive treatment from VA as I understand this-so maybe they have already made a determination on your discharge?

It is a good idea to continue that treatment because "Current" disability and the "current" treatment records that show it is current as one criteria for having a valid disability claim.

Have you actually filed a claim yet?

It would help to get your personnel records too if the VA needs to make a character of discharge determination before they consider VA SC compensation.

If the misconduct can be directed associated medically to your inservice bi polar condition that would help support SC disability and even help to correct the discharge which is a long process.

I believe (not sure -hope others help here)An OTH discharge can often still involve medical care from VA.

But it can be a bar to compensation if due to willful misconduct.

Has the VA made a determination yet as to the character of your discharge?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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ertle Enthusiast

ertle

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If the military stated it was "willful and/or persistent" misconduct- the VA will have to determine your character of discharge before establishing eligibility for VA claims purposes-

then again you do receive treatment from VA as I understand this-so maybe they have already made a determination on your discharge?

It is a good idea to continue that treatment because "Current" disability and the "current" treatment records that show it is current as one criteria for having a valid disability claim.

Have you actually filed a claim yet?

It would help to get your personnel records too if the VA needs to make a character of discharge determination before they consider VA SC compensation.

If the misconduct can be directed associated medically to your inservice bi polar condition that would help support SC disability and even help to correct the discharge which is a long process.

I believe (not sure -hope others help here)An OTH discharge can often still involve medical care from VA.

But it can be a bar to compensation if due to willful misconduct.

Has the VA made a determination yet as to the character of your discharge?

i have filed an am waitting for a hearing date]

how do i check to see if they have made a choice character on my discharge

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Berta

Berta

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If you are waiting for a hearing date from the RO they have obviously denied your claim.

I just noticed you get 10% SC already so now I am thinking that they already resolved any character of discharge issue-

Did you get a VCAA letter telling you to get the buddy statement and any other evidence the VA needs to have?

were you able to get that evidence?

I certainly suggest that you get a service officer or vet rep-so they can be at the hearing with you-

A friend of mine was thrown into the brig and had a Captains Mass. Other than that incident (they claimed he was drunk but the ship had not been to port in many weeks)

there was nothing in his mil personnel records that was negative.

But over a decade later VA awarded 100% manic bi polar because this was the first evidence of symptoms of bi polar in Navy and in those days the Navy didnt even know what bi polar was.

This is why your personnel records can help you-

I do not doubt at all that it is possible the misconduct could have been a symptom of the bi polar.

Were you ever treated in service for bi polar or depression at all?

all of these things can help your claim-

evidence can be brought to the hearing-as well as be submitted to the RO.

Even if the buddy can describe your reaction immediately after the incident you mentioned this too could be evidence of bi polar and/ or PTSD.

The VA lumps all mental illnesses together in a rating but these are two distinct different medical conditions.

It would help you immensely if you can afford to obtain an independent medical opinion from a psychiatrist that firmly diagnoses your disabilties and also states that they are more then likely due to the incident you mentioned (or to anything else that you might not have told us about here)

The comp amount will be the same for any rating whether it is for PTSD or manic depressive bi polar.

Manic bi polar (I have 2 friends with this-one vet, one civ)can cause erratic behavior in the manic state and then altered depressive behavior in the depressed state that often follows a manic incident.

My vet friend did not even remember that he was shouting orders to the other sailors and telling them he was an Admiral. A few days later he seemed himself again so they took him out of the brig.

I had sent him the SF 180 to specifically get his personnel records and added any disciplinary reports.

Due to his depressive state-most of the time he has no mania-he kept forgetting to send NARA the form-

I sort of nagged him-

finally he did-and the end result was 100% P & T from the BVA with 12 years of 100% retro.

He had been symptomatic of bipor in the Navy and did not even realise the brig incident was the first inservice manifestation of it.

A good SO or rep will scour your complete military records and your SMRs to help with this claim.

BTW-veteran-you are SC already - and I didnt see that when I mentioned the character discharge etc-so I would not even worry about that if I were you-

what is the 10% for-and has this 10% SC disability gotten any worse?

Are you employed? If not do you get SSA or SSI?

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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ertle Enthusiast

ertle

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berta

i have smr were i had requested med. treatment. my local vmc has me under thier care an they are treating me for the symptoms i was going to theapry sessions but funds ran out for gas .i was chaptered for missconduct an sent home after almost 8 yrs

my sc is for a knee injury i have statements from people who stated what they noticed to be a change in my behavior from when they started the chapter papper work.]

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Berta

Berta

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Posted (edited)

If the SMRs show you received medical treatment for what you are claiming- this is good evidence-If you mean you have statements from inservice personnel too as to your reactions during or after the stressful event you mentioned- this too will help your claim.I posted info here as to a good criteria for Buddy Statements.As Eye witness detailed accounts-the "Buddy"'s MOS in most cases and definitely their unit's place at same time of eventwill be the same as yours and VA can check this.They should be as detailed as possible in describing the stressor,when and where it happened, and that you were there and also how it affected you and/or others when it happened.I suggest getting these statements noratized too.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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