Waiting And Nervous

[CaravanDan]

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 April 18, 2016 by CaravanDan

[Wings]

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Dan, The pdf file you attached shows a General Discharge. A General Discharge typically means General under honorable conditions, and eligible for VA Benefits. Does your DD-214 show General or OTH?

Regardless, you should file a VA Claim for Compensation and Pension. WHen you file a Claim, the VA will "adjudicate" your Character of Discharge, under 38 CFR 3.12. Sometimes, the VA will decide Honorable for VA Purposes, without your ever needing to go to the military discharge review boards.

Have you filed a VA Claim? Did the VA Adjudicate youyr character of discharge yet? ~Wings

Edited December 7, 2009 by Wings

[Berta]

These are a few of the lawyers who handle upgrades to discharges:

I suggest you get copy of whatever you filed with BMCR and the proof of mailing of it and maybe they could help get the paperwork filed right away or find out where it went. They might need as well whatever was sent to VA and a copy of the VAROs response which should be in your C file if I understood you said that you never received the RO response.

http://www.militarylawyers.org/discharge-military-cases.htm

http://www.williamcassara.com/

http://www.usmilitaryattorney.com/Discharg...e_Requests.aspx

http://www.jagdefense.com/about.php?gclid=...CFWpd5Qode1gmpg

http://www.vetadvocates.com/

(This is NOVA National Organizations of Veterans Advocates- they have lawyers in NY and also some might have expertise in this area)

http://tullylegal.com/pdf_2009/gtr_vettoday_2-18-09_fed.pdf

[john999]

After 15 years from discharge you have to get permission of the BCMR to ask for an upgrade of your discharge. I had my general under honorable upgraded to honorable, bu this was within a few years of my discharge. I recently tried to get the character of my discharge changed to a medical discharge. The first thing they did was to point out that more than 15 years had passed since discharge, and dismiss my appeal out of hand. You do need a lawyer for this I think since so much time has passed.

[Berta]

If he has a General UHD there might be no problem in getting this upgraded and getting a character of discharge determination from the VA for VA health care and comp:

http://usmilitary.about.com/od/justicelawl...adischarge1.htm

But as you said that time limit could be critical- hard to know in this case-

General OTH is different story-

The recent posts here have upset me-and I guess I upset Dan frst -so I do take the blame for that-

but this is a good reason to not only get proof of mailings but then to follow through on every single thing you send to the VA or any BCMR-and to save copies of everything to and from the VA too.

As I understood this some time ago-the vet had an AWOL due to hospitalization- I cannot imagine why that would be considered willful misconduct.

I think there were posts on this from Dan and others at the older hadit board-

also I could be wrong but thought maybe he had a prior HD-which always helps with BCMR cases.

He could even buy an old VBM at Amazon as I dont think the regs regarding this type of issue have changed in years.

They devote considerable info on this subject.

I wonder what the VA's last letter to him was about . Maybe they sent it to wrong address. Copy of it should be in his C file.

I will post any feedback if I get it- from Ed Crosby.All of the advise here was geared to help Dan not to hurt him-

I based much of my advise on one or two years ago on what NVLSP's advise was in the VBM. And in a BVA decision I posted.

[CaravanDan]

On ‎12‎/‎6‎/‎2009 at 1:14 PM, Berta said:

 

 

http://usmilitary.ab...adischarge1.htm

 

 

 

 

Well its been about 3 years for this post..........Time will tell the outcome......

Edited April 18, 2016 by CaravanDan

[Pete53]

Good luck