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

[sharon]

3.354 - Determinations of insanity.

(a) Definition of insanity. An insane person is one who, while not mentally defective or constitutionally psychopathic, except when a psychosis has been engrafted upon such basic condition, exhibits, due to disease, a more or less prolonged deviation from his normal method of behavior; or who interferes with the peace of society; or who has so departed (become antisocial) from the accepted standards of the community to which by birth and education he belongs as to lack the adaptability to make further adjustment to the social customs of the community in which he resides.

(b) Insanity causing discharge. When a rating agency is concerned with determining whether a veteran was insane at the time he committed an offense leading to his court-martial, discharge or resignation (38 U.S.C. 5303(b)), it will base its decision on all the evidence procurable relating to the period involved, and apply the definition in paragraph (a) of this section.

The VA can make an Administrative Decison for compensation and Medical Care based on the veterans mental capacity at the time of the offense.

[CaravanDan]

On ‎7‎/‎17‎/‎2012 at 0:39 AM, sharon said:

The VA can make an Administrative Decison for compensation and Medical Care based on the veterans mental capacity at the time of the offense.

 

 

Hi Sharon,

Thank you all for your Help!!!!!

Edited April 18, 2016 by CaravanDan

[CaravanDan]

Thank you all for your incouragement,

Take care all.

Edited April 18, 2016 by CaravanDan

[CaravanDan]

Thank you all for your incouragement,

Take care all.

Edited April 18, 2016 by CaravanDan

[Pete53]

Good Luck at least the witch is gone.

[john999]

OTH is not necessarily dishonorable discharge. It could be bad conduct discharge. There is a big difference.