ptsd Confused!

[RIKK]

MNANG(52D) from 94-97 perfect service, no problems..... joined RA in 97 suffered injury at Benning. Ended up getting OTH in 1999 with time missed(416 days) due to said injuries. Things unfolded in 05 when I got diagnosed with a slew of things like GAD,Panic disorder,Agoraphobia,Major Depression,PTSD and I think I have TINNITUS. So in short I have 94-97 NG time =good and 97-99 RA with a backmark= OTH with narrative reason "in lue of trial bt court martial" Any thoughts?

[kw34]

So 1994 to 1995 active duty for training I am not sure what NGB22 is but what matters is the injury occured on active duty and the DD-214 with the remarks and what the VA said in their denial. I say work on the discharge get it upgraded as fast as you can because you have one year from the date of your denial to appeal. You can win I was denied the first time I appealed and won. I understand it is tough for you but if you could dont use so many accronyms this air force guy is a little slow. :D

[Wings]

Editing for clarity and to decode some of your abbreviations. I still have some questions ... Will get back to you in the morning. If you haven't done so already, GET A COPY OF YOUR SERVICE MEDICAL and PERSONNEL RECORDS. ~Wings

DD214 (HON)(52D)from Active Duty for National Guard 1994-1995; and

NGB22 (HON) from the NG 95-97; and

DD214 (OTH)(11B) from RA 97-99.

My deal happened in 97 while RA [what is RA? Regular Army?] I did not complete my 8 years in the NG.

Are you saying I have 1 year from 99 to try and appeal?

No! I am saying you have one-year to Appeal the VA's determination that your Character of Service (OTH) was dishonorable for VA purposes. You need to study the regulation below (CFR 3.12), and tell the VA why you were AWOL for more than 180 days. If there were "compelling reasons" for your AWOL, you need to state your case. The VA has the authority to change your OTH to HON if they grant your appeal.

In the meantime, you should apply to the Army Board for Correction of Military Records for a change in your discharge, but this is very hard to do on your own. I can tell you more about thhat tomorrow.

I never new I had multi disabilities untill one day I found myself in the ER, I thought I had a heart attack in 2004 and that's when I got evaluated and diagnosed haven't worked since. To be honest, I can't be for sure "it's the army's fault" but I know I never had... GAD,Panic Disorder,Agoraphobia,Major Depression,PTSD, and a mind messing whooshing sound in my ears BEFORE I got KTFO by an explosive device in 97. I lost something there, but didn't know it at the time. I had an episode on the plane to 25th ID in HI, my wife saw it too, I became filled with fear(my first panic attack) to be on the plane and got off. The thing is I flew around the world and back before that no problems. So, looking back it makes sense, had no clue at the time though. I never thought to file untill my buddy who got FU'd in force recon told me too, cuz he knows my problems. I thought to myself I'm not Rambo, I'd never been to WAR or shot or had my balls blown off so I'm ok I thought. Sorry about being loose with the details but it's hard for me to get thoughts out and type.

Edited June 26, 2009 by Wings

[sharon]

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 3 - ADJUDICATION

subpart a - PENSION, COMPENSATION, AND DEPENDENCY AND INDEMNITY COMPENSATION

3.12 - Character of discharge.

(:D A discharge or release from service under one of the conditions specified in this section is a bar to the payment of benefits unless it is found that the person was insane at the time of committing the offense causing such discharge or release or unless otherwise specifically provided (38 U.S.C. 5303(B)).

(6) By reason of a discharge under other than honorable conditions issued as a result of an absence without official leave (AWOL) for a continuous period of at least 180 days. This bar to benefit entitlement does not apply if there are compelling circumstances to warrant the prolonged unauthorized absence. This bar applies to any person awarded an honorable or general discharge prior to October 8, 1977, under one of the programs listed in paragraph (h) of this section, and to any person who prior to October 8, 1977, had not otherwise established basic eligibility to receive Department of Veterans Affairs benefits. The term established basic eligibility to receive Department of Veterans Affairs benefits means either a Department of Veterans Affairs determination that an other than honorable discharge was issued under conditions other than dishonorable, or an upgraded honorable or general discharge issued prior to October 8, 1977, under criteria other than those prescribed by one of the programs listed in paragraph (h) of this section. However, if a person was discharged or released by reason of the sentence of a general court-martial, only a finding of insanity (paragraph (B) of this section) or a decision of a board of correction of records established under 10 U.S.C. 1552 can estalish basic eligibility to receive Department of Veterans Affairs benefits. The following factors will be considered in determining whether there are compelling circumstances to warrant the prolonged unauthorized absence.

(i) Length and character of service exclusive of the period of prolonged AWOL. Service exclusive of the period of prolonged AWOL should generally be of such quality and length that it can be characterized as honest, faithful and meritorious and of benefit to the Nation.

(ii) Reasons for going AWOL. Reasons which are entitled to be given consideration when offered by the claimant include family emergencies or obligations, or similar types of obligations or duties owed to third parties. The reasons for going AWOL should be evaluated in terms of the person's age, cultural background, educational level and judgmental maturity. Consideration should be given to how the situation appeared to the person himself or herself, and not how the adjudicator might have reacted. Hardship or suffering incurred during overseas service, or as a result of combat wounds of other service-incurred or aggravated disability, is to be carefully and sympathetically considered in evaluating the person's state of mind at the time the prolonged AWOL period began.

(iii) A valid legal defense exists for the absence which would have precluded a conviction for AWOL. Compelling circumstances could occur as a matter of law if the absence could not validly be charged as, or lead to a conviction of, an offense under the Uniform Code of Military Justice. For purposes of this paragraph the defense must go directly to the substantive issue of absence rather than to procedures, technicalities or formalities.

It looks as if you are claiming that your AWOL was due to TBI. Did you respond to the facts and circumstatnces notice that they sent you? Apeal the decision and claim mental incapacitation due to the head trauma you received.

[Hoppy]

I can not find any indication that you have your service medical records. Get these record. Veterans often find notes in the SMR that they had no idea were in there. You could have seen a doctor for a cold and he might have noted psych symptoms. Also the discharge exam might have things you are not aware of. You do not know for sure until you get these records.

[Wings]

I can not find any indication that you have your service medical records. Get these record. Veterans often find notes in the SMR that they had no idea were in there. You could have seen a doctor for a cold and he might have noted psych symptoms. Also the discharge exam might have things you are not aware of. You do not know for sure until you get these records.

Hoppy's right, of course.

1. Get your service medical records; and request your personnel file as well. You request these from St. Louis. Ask them to expedite them for VA purposes. Make an on-line request, here http://www.archives.gov/veterans/evetrecs/index.html

2. Also should also request a "full and complete copy" of your VA Claims-File. They will give it to you for free the first time.

3. If there are compelling reasons for your prolonged AWOL; for instance, you had suffered an injury or disease or a traumatic event during military service, then that should be argued in your Notice of Disagreement (NOD). You have a year from their denial to file the NOD.

Edited June 27, 2009 by Wings

[RIKK]

Thanks for ALL the info! That's a ton of shit to do~ I'm on it. I'm sure my 201 file is screwed sure I requested my DD214's last year and alot of stuff was missing or not correct, like I was a Major in the reserves? That's was it said and prolly still says,lol. I was in never in the reserves,or a Major. LOl~ I;m gonna see what happens here, thank you folks for all you knowledge! I still have no clue as to what's on my med records but I guess we'll find out!