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

[CaravanDan]

Thank you all for your incouragement,

Take care all.

 

Edited April 18, 2016 by CaravanDan

[Berta]

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files2/1114526.txt

This 2011 BVA case reveals exactly how the VA determines a character of discharge for VA purposes:

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files2/1114526.txt

Also M21-1MR contains considerable info as well on these types of determinations but this case and others at the BVA sum up

exactly how these determinations are made.

This case was previously appealed to the US CAVC and then remanded back to the BVA, however ,after further development by the BVA, after the court reand, the BVA's decision remained the same.

However this vet appealed the character of discharge as dishonorable and the BVA decisions states, regarding compelling circumstances::

“The medical evidence that has been obtained shows that the

Veteran's decision to go AWOL was motivated by an increase in

psychiatric symptomatology that was the result of several

traumatic events that occurred while in military service.

The doctors who have reviewed the Veteran's case have

concluded that these symptoms amount to compelling

circumstances; and therefore the Board concludes the

Veteran's character of discharge does not serve as a bar to

VA benefits.

ORDER

The Veteran's discharge from service under other than

honorable conditions is not a bar to VA benefits, and the

appeal is granted. “

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp10/files3/1021759.txt

[CaravanDan]

On ‎7‎/‎26‎/‎2012 at 0:41 PM, Berta said:

http://www.va.gov/ve...es2/1114526.txt

 

This 2011 BVA case reveals exactly how the VA determines a character of discharge for VA purposes:

 

 

http://www.va.gov/ve...es2/1114526.txt

 

Also M21-1MR contains considerable info as well on these types of determinations but this case and others at the BVA sum up

exactly how these determinations are made.

 

This case was previously appealed to the US CAVC and then remanded back to the BVA, however ,after further development by the BVA, after the court reand, the BVA's decision remained the same.

 

However this vet appealed the character of discharge as dishonorable and the BVA decisions states, regarding compelling circumstances::

 

“The medical evidence that has been obtained shows that the

Veteran's decision to go AWOL was motivated by an increase in

psychiatric symptomatology that was the result of several

traumatic events that occurred while in military service.

The doctors who have reviewed the Veteran's case have

concluded that these symptoms amount to compelling

circumstances; and therefore the Board concludes the

Veteran's character of discharge does not serve as a bar to

VA benefits.

 

ORDER

 

The Veteran's discharge from service under other than

honorable conditions is not a bar to VA benefits, and the

appeal is granted. “

 

 

http://www.va.gov/ve...es3/1021759.txt

 

 

Thank you Berta I'm forwarding this!!

Edited April 18, 2016 by CaravanDan

[CaravanDan]

Thank you all for your incouragement,

Take care all.

 

 

 

 

 

 

 

 

On ‎7‎/‎21‎/‎2012 at 8:55 AM, CaravanDan said:

 

 

Edited April 18, 2016 by CaravanDan

[CaravanDan]

Thank you all for your encouragement and help along the way!!!

 

 

Edited April 18, 2016 by CaravanDan

[CaravanDan]

Many things are happening all at once,,,Thank you all for your encouragement and help along the way!!!

Edited April 18, 2016 by CaravanDan