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Waiting And Nervous

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bluenote

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Since the last time I looked for help here w/no success--I searched the Internet and finally came up with someone willing to help,I found out that my claim that I filed a few years ago for Guillain Barre Syndrome and was given Medical only by the VA-- should have been Rated and triggered a VA Reconsideration to determine if my discharge was under Other Than Dishonorable conditions. For some reason they didn't do this........... Thanks Dan

Edited by CaravanDan
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  • HadIt.com Elder

Dan:

No one is trying to kick you in the teeth. I would say maybe an easier way is to try and get your discharge upgraded. Seems it would be easier for you to go this route but that is just an opinion.

Good Luck

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Dan just a couple of comments about your post:

you said:

"I didn't go to the C&P Exam this time because I Refuse to EVER go into a VA hospital Again after the Abuse I recieved in the past.

-No matter what type of claim you submitted and no matter what type of discharge you received if you did not go to the C/P the claim ain't going nowhere.

"What I like to know if anyone could help is being AWOL for 5 days then 90 days from a Medical hold unit after discharged from hospital witch lead to my OTH Discharge Considered WILLFULL AND PERSISTANT MISCONDUCT?"

In my opinion yes and yes. No one made you go AWOL so it is willful on your part. You went AWOL for a 5 day period then again for 90 at which point you became a deserter per military definitions. Since you repeated the same unlawful act then it would be considered persistant

Pete gave the best advice - attempt to have the discharge upgraded (it appears you have already done this and are awaiting the results). Also your profile indicates that you are 100 percent service connected. Is this the case? Or is it your belife that you should be at this time?

If you don't mind what were your reasons for the AWOL's? Maybe if the reasons are good enough maybe the upgrade will work.

I wish you the best in your efforts. I have not seen your other posts or the replies to it - the Hadit family is one of the most helpful veteran communities on the net. I do not believe anyone would have kicked you in the teeth unless you were found to simply be a threat to the efforts of this board (not saying you were). The only time I have see the Hadit family turn on a person is if they are trying to hurt the veteran community. Once again good luck and rest assure that Hadit veterans will help you if they can.

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  • HadIt.com Elder

Since it has been more than 15 years since your discharge you probably need a lawyer to appeal you OTH discharge. If you do it on your own they will just shoot you down and refer to the 15 year rule. I just got through with a change in discharge from honorable to medical and the board just blew my claim out of the water. You need a lawyer for this. What you might try and prove is that you were suffering from a mental disorder when you went AWOL.

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Dan-the VA is supposed to make what is called a Character of Service determination-

in cases like yours-

what concerns me here is that you did not show up for a C & P and they will hold that against you.

This BVA case shows how the VA determines Character of Discharge:

http://www.va.gov/vetapp07/files1/0702319.txt

It does not appear -based on what you told us- that this OTH discharge should be a bar to VA benefits in your circumstance-

But what also concerns me- along with the C & P problem -is that your past claim did NOT trigger the VA to make a Determination on the character of your discharge at that time-

I think you should ask "Ray" who is familiar with your paperwork- if that older decision might contain a CUE-clear and unmistakable error-

also I see that you put 100%- but you must mean the SSDI award letter- is the VA fully aware of this SSDI award?

Also there is bound to be -in your SMRs and Service personnel records information that could help you fight for a good determination on your discharge character- it has been done before-

Still- how did 'Ray' overcome the potential denial of these claims due to your failure to report for the C & P?

At the BVA web site there are claims under Character of Service that show how the VA is to determine eligibility for VA benefits.

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By the way -I hope Ray or you have a copy of the latest VBM -Veterans Benefits Manual from NVLSP-

there is much info in Chapter 19 as to these types of discharges-corrections, Court Martial issues- and the entire Correction process by the BCMR.

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