Trouble With Va I Need Help !

[sean-eagan@stny.rr.com]

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Hi i need help finding someone who has dealt with a similar problem. I am a veteran of the Army. I was a 2 year enlistee who served overseas in Turkey from may 1990 oct 1991 during the gulf war. I was extended overseas Due to Stop Loss program. this extended my tour 5 months.when Stop loss was lifted i was given a early out as I had only a couple months on left on contract and it wasnt feasible i guess to pcs with so little time left. flash forward to 2006. I have been disabled with several auto immune dieseases that have crippled me and left me disabled . November 2004 I applied for non Connected disability pension went through whole process and recieved letter granting pension on feb 6 this year award pending aid attendance. my VSO got ratings back from exam that rated me 70 percent and aid attendance. on march 17 I recieved letter denial of entire claim. citing time in service for those who served after 1980 .must be 2 years. I was a 2 year enlistee my active duty time was 1 year 11 months and 28 days. But I was let out on a early out at convienience of govt. which is supose to be one of the exceptions to this 24 month rule. i have written them citing this sent my dd214 which says AR635-200 ch5 sec II in block 25 I have recieved since I got out VA health Care Ch 30 gi bill education, and va Loan benefits all of wich have same 24 month requirement with same exceptions. The Buffalo NY regional office has stalled and say they have to send to army to verify my honorable discharge to see if it falls under 1171 of title 10. early out.

meanwhile I am in great difficulty finanacially. i feel like i am getting screwed so bad . i feel I have done everything right and they just will do everything they can not to pay if this is a typical experience people have to let me know cause I know it isnt right. I need help . Any one who is a VSO or veteran who who has similar problem. any feedback would be helpful. I gave called my congressman they have written 5 letters and subbmitted more evidence for me yet the VA is clinging to denial and I dont know how many years a appeal or service records to verify will be . can anyone help. Advice of anykind let me know.

[Berta]

1. is your Congressman possibly Randy Kuhl?

2. Here is Title 10, 1117:

TITLE 10 > Subtitle A > PART II > CHAPTER 59 > § 1171 Prev | Next

§ 1171. Regular enlisted members: early discharge

Release date: 2005-07-12

Under regulations prescribed by the Secretary concerned and approved by the President, any regular enlisted member of an armed force may be discharged within three months before the expiration of the term of his enlistment or extended enlistment. A discharge under this section does not affect any right, privilege, or benefit that a member would have had if he completed his enlistment or extended enlistment, except that the member is not entitled to pay and allowances for the period not served .

"i was given a early out as I had only a couple months on left on contract and it wasnt feasible i guess to pcs with so little time left. "

How many months prior to expiration or extension did you have left?

I deal with this VARO- I think many of them are illiterate-

I think they are missing the point that your enlistment was extended by the Stop loss.

You can go to NARA web site to get your military records- I would request not only your SMRs but all personnel records and discharge information:

http://www.archives.gov/

Also if I were you I would write to the Buffalo VARO and ask for a complete copy of your c file-

you already were found eligible for other benefits-I would certainly send them a Notice of Disagreement and attach the Title 10 reg ,make the point that you were already found eligible for other benefits, and tell them that the Stop Loss extended your period of Service.

WHat is really odd here is that they awarded you a pension- whch is based on Wartime service and limited income. Yet they are trying to take that back?

Did they mention this phrase-that they are calling a CUE on themselves?

Buffalo is really something but this sure is a new one in my book-

Have they actually stopped your pension award? or never sent it at all?

Congressional letters can help but they do hold up everything-

Have they sent any reply at all yet to your Congressman?

Another thing - AR 635-200 covers a multitute of discharge scenarios-

I think someone at the VARO doesn't understand this-

This site will give you some RE info - that might help when compared with your DD 214 and your discharge status-

http://usmilitary.about.com/od/theorderlyroom/l/blcode3.htm

And here is what I mean about the AR 635-200:

http://72.14.203.104/search?q=cache:mOGAYV...&cd=11&ie=UTF-8

Something is definitely wrong here?

What is your VSOs take on all of this?

Are you possibly represented by NYS Division of Veterans Affairs in Steuben County?

In any event I am a Buffalo VARO claimant too and ,in my opinion, they are just whipping out denials instead of actually reading the claims. Berta

[Berta]

To add to my post- here is a successful BVA early outter claim (under 1171)

http://www.va.gov/vetapp94/files1/9405183.txt

This other vet however did not succeed as she did not receive discharge comparable to the 1171 regs-as you did:

http://www.va.gov/vetapp94/files2/9416986.txt

The analysis of this above claim makes the same point that you have made-

The part about 1171 and the Citation and Decision date (and the http: link) could be printed out and attached to your NOD-

I would mention these BVA decisions to your vet rep ASAP too and see what he/she thinks.

Although BVA case decisions are not binding on the VAROs , certainly any established VA case law stated within a BVA decision, that has not been changed by a subsequent regulation- is a binding legal fact that the VARO should consider.

I could write on book on the errors that the Buffalo VARO makes.Dont feel that you are alone.

One other thing- in any past award you mentioned, did they specifically state how you fall into the 1171 category? That would be good evidence too= to show that their recent decision is seriously flawed.