38 C.f.r. 3.315

[Rockhound]

§3.315 Basic eligibility determinations; dependents, loans, education. (in part

( Loans. If a veteran of World War II, the Korean conflict or the Vietnam era had less than 90 days of service, or if a veteran who served after July 25, 1947, and prior to June 27, 1950, or after January 31, 1955, and prior to August 5, 1964, or after May 7, 1975, has less than 181 days of service on active duty as defined in §§36.4301 and 36.4501, eligibility of the veteran for a loan under 38 U.S.C. ch. 37 requires a determination that the veteran was discharged or released because of a service-connected disability or that the official service department records show that he or she had at the time of separation from service a service-connected disability which in medical judgment would have warranted a discharge for disability. These determinations are subject to the presumption of incurrence under §3.304(. Determinations based on World War II, Korean conflict and Vietnam era service are also subject to the presumption of aggravation under §3.306(;) while determination based on service on or after February 1, 1955, and before August 5, 1964, or after May 7, 1975, are subject to the presumption of aggravation under §3.306(a) and ©. The provisions of this paragraph are also applicable, regardless of length of service, in determining eligibility to the maximum period of entitlement based on discharge or release for a service-connected disability. (See also the minimum service requirements of §3.12a.) (Authority: 38 U.S.C. 3702, 3707, 3718)

Reading this brought to mind that the VA approved my Home Loan Guarenty, yet even though I had a SC injury, it was not because of this injury that I was medicaly discharged, it was for the reason that the official service department records show that I had at the time of separation from service a service-connected disability which in medical judgment would have warranted a discharge for disability.

It has to be for this reason, that my Home Loan Guarenty was awareded, otherwise I should not have gotten it or am I not reading and interpeting this correctly?

How could I not have a SC disability, sufficiant at the time of seperation, which in medical judgment, would have warrented a discharge for that disability and then later be awarded a VA G.I. Bill Home Loan Guarenty?

Rockhound Rider ;)

[Guest Vietnam Tanker]

Rockhound, How long were you on active duty?

[Rockhound]

Rockhound, How long were you on active duty?

Three Years, Eight Months, Eleven Days. I was also approved for re-enlistment and for a advanced school with a rate increase upon completion of the school. This was just prior to when my Psychotic episode which led to my discharge from service and for which the VA said was an incorrect diagnosis and slapped a PD diagnosis on me,then denying my claim for SC.

I could be totaly wrong here, but how can I be found medically disabled for which I was discharged from the service for, then be denied SC for that which I was found medically unfit for further service, then qualify for the G.I. Bill Home Loan Guarenty Loan program?

Something really smells here and it ain't because of me. If this can be used in a CUE claim, I would be giving up an addition eight years of EED. Maybe it might be worth it, since their is other evidence in that eight years that the VA ignored as either insufficiant to change their decision or was insufficiant to reopen with new and material evidence that might be probative to help support the CUE claim. I just do not know.

The evidence I really need to disprove the PD without an expensive IMO is from a 2004 claim when I submitied personel records showing good service and a continuation of of education which the C&P examiner said my PD was associated with inadequate educational experience.

It certainly didn't affect my being a good sailer as my record showed and even if I had a few problems during service, why then would my superiors continue to give me good evaluations and recommendations for advancement and for advance training schools?

I'm getting started again, my blood just boils sometimes. I only wished I kept better records and got the help each and every time I had problems, instead of trying to work through them. Pride goeth before a fall they say and pride has cost me dearly and now I am paying the price long before my working day were over.

Jim ;)

JIm

Edited July 27, 2008 by Rockhound

[Guest Vietnam Tanker]

The regulation that you are quoting is applicable only to those who have served less than the required 180 day's of service, once you have more than 180 day's you are qualified for the GI Bill home loan and other VA Benefits.

[Rockhound]

The regulation that you are quoting is applicable only to those who have served less than the required 180 day's of service, once you have more than 180 day's you are qualified for the GI Bill home loan and other VA Benefits.

I hear what you are saying. I knew their was something wrong in my thinking, but it was escaping me at the moment.

So, If I had spent less that 180 days, and the medical judgement at the time said that my condition was as a result of service and it was found to be a DNEPTE (disease not evident prior to enlistment) the reason for discharge, then would things have been different? If he had applied for the home loan guarenty prior to apllication for SC of the in-service condition and been denied.

This is pure supposition I'm presenting, Just wanted to know what you would think of such a case. less than 180 days of service, but had a disease or injury as a result of that service and was discharged for it and it was found not to be a DNEPTE and then denied for the home loan guarenty, prior to whether he was SC or not?

JIm

p.s. 38 CFR 3.12a is the regulation for those with the required amount of time in service to qualify othewise. Missed this in reading privious Regulation.

Edited July 27, 2008 by Rockhound