Schizophrenia

[hulamatt]

how many things from the 100% rating do you have to have to get it, Ive got about three, including disorganized thought process, persistent delusions and hallucinations, and danger to self and others. I currently work, but max i can do is about 4 hours a day, and im constantly getting into trouble, forgetting shit, doing things wrong, not being friendly. I should have my manager write up a letter for me saying how my performance is lacking, but the Va does not know that i work so i figure just not tell them. What do you think, anyone have any experience with schizophrenia claims

[hulamatt]

hey hula,

My husband has PTSD 100% sc'ed and has been hospitalized for that, no not schizophrenia but sometimes it can seem that way, especially when he is in flashback mode.

Well I think you need a lawyer for the Social Security claim. With a lawyer and documented evidence of your hospitalizations it should be o.k.

As for the VA, and the work situation. Working only 4 hours a day won't bring in a lot of money right! And I for one don't really consider a maximum of 4 hours a day substantial or gainful employment which is what the VA is looking for when it comes to mental health. When evaluating my husband 100% SC for PTSD was rated the same way all mental disorders are rated, he got it based on only one of the criteria. His inability to gain or maintain substantial or gainful employment. 4 hours a day is considered part time work only, and not gainful, so don't give up on the VA.

You need to get a copy of your medical records from service (every branch you served on) you then need to take down the medical examination that was done when you were discharged to the VA and speak to the patient advocate pointing out the disabilities you gained while in service and get them to help you register for health care, they my require you to wait until you establish service connection for these or until you get an upgraded discharge before you can enroll.

You also need to find a lawyer to get your discharge upgraded. Contrary to popular belief the discharge is never automatically upgraded. My husband was also discharged for going AWOL due to his mental disorders and also got a chapter ten, he got this upgrade to a general discharge qualifying him for all sorts of things with VA and is now thinking about getting it upgraded again to medical retirement because he has just found a bunch of lost records that can help him with that that show discrepancies about the process followed when they discharged him. Did you get referred for a separate psych evaluation when you went through you medical evaluation board process?, or did they just give you a discharge physical?? If you didn't get a separate psych evaluation then they didn't follow correct procedure, especially when you had been diagnosed with schizophrenia! if you can prove this via the lack of this in your discharge medical records and discharge papers then you can applying for an upgrade to medical discharge!

National Veterans Legal Services Program, http://www.nvlsp.org/ or there sister site http://www.lawyersservingwarriors.com/ can help provide returning veterans with free legals services, and should be able to help you out. If they can't they will most likely refer you to someone who can.

Get your discharge upgraded, appeal you Social security claim, and get enrolled for health care and meds, this will make your life a lot easier, and if you have to work! then work and do the best you can.

Good luck Hula

Hawk

How long did your husband serve, thanks for the encouragement!!!!

[Pete53]

Hulamatt

Although you have caused your Mom a lot of worry and grief please tell her what you are trying to do. Make your Doctor appointments and take your meds on time

I think that you should also talk to a Social Worker. Did you know that VA assigns every patient a Social Worker. The easiest way to find them is to call the 800 number on your VA Meds when it answers punch 0 and ask operator to connect you to a Social Worker. Whoever answers the phone can help you find you Social Worker.

You also may have access to Social Workers through other ways.

I think that working on your claims will help you.If you can tell us what evidence you are sending in and perhaps you can get some help here.

Good Luck to you some years ago Hadit helped a Sailor who had this problem and he eventually won his claim.

Hawk gave you excellent advice.

What is your 4 hour job and what happens if you miss work?

[Berta]

"I did not know that if i had a disease that occurred in time of service, that i am eligible for VA healthcare. The VA told me sorry you don't have the 24 months"

this seems to be more of a problem that the period of service-

"I got an other than honorable discharge,"

An OTH discharge in many cases can be changed and the veteran can become eligible for VA health care.

OTH however- involves a gamit of reasons for this type of discharge.

Has your vet rep supported a claim for a Character of Discharge finding from the VA?

Has he/she started you on the long process to get the discharge upgraded?

"I could have gotten off for the awol because i was mentally incompetent, and JAG refered me for a Medical discharge, but chain of command said i had to fight it in court martial"

Were you hospitalized during the awol?

Do you have documentation to prove the JAG had referred you for medical discharge?

[Berta]

I have a feeling that the DAV rep expects a denial on your claim unless a Character of Discharge has been requested.

If you go to the VA web site and access the BVA decisions- there are cases there regarding a Character of Discharge Determination.

http://www4.va.gov/vetapp09/files5/0945232.txt

This case holds the regulations that determine the outcomes of this type of claim.

In part:

“CONCLUSION OF LAW The character of the appellant's service constitutes a bar to VA benefits. 38 U.S.C.A. §§ 101(2), 5107, 5303 (West 2002 & Supp. 2009); 38 C.F.R. §§ 3.1, 3.12 (2009). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The term veteran means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable. 38 C.F.R. § 3.1(d). If the former service member did not die in service, pension, compensation, or dependency and indemnity compensation is not payable unless the period of service on which the claim was based was terminated by a discharge or release under conditions other than dishonorable. 38 U.S.C.A. § 101(2); 38 C.F.R. § 3.12. A discharge under honorable conditions is binding on the VA as to the character of discharge. 38 C.F.R. § 3.12(a). Benefits are not payable where the claimant was discharged or released by reason of the sentence of a general court-martial. 38 C.F.R. § 3.12©(2); 38 U.S.C.A. § 5303. However, a discharge or release from service under specified conditions 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. 38 C.F.R. § 3.12(:). Benefits are not payable where the claimant was discharged or released by reason of the sentence of a general court-martial. 38 C.F.R. § 3.12©(2). A person discharged under conditions other than honorable on the basis of an absence without official leave period of at least 180 continuous days is barred from receipt of VA benefits unless such person demonstrates to the satisfaction of the Secretary that there are compelling circumstances to warrant such prolonged unauthorized absence. 38 U.S.C.A. § 5303(a); 38 C.F.R. § 3.12©(6). An "other than honorable" discharge is not necessarily tantamount to a "dishonorable" discharge; however, a discharge or release for certain offenses is considered to have been issued under dishonorable conditions. “ In this case: http://www4.va.gov/vetapp09/files4/0930957.txt this veteran proved that she had a mental illness during service.

“ORDER The character of the Appellant's discharge from active military service is not a bar to the receipt of Department of Veterans Affairs (VA) benefits. “ These two cases are examples of what you are facing here regarding any potential VA health care or potential service connected benefits.

As Hawk said: You need to obtain copies of your Service medical records and your 201 file and all medical records available.

Also I believe NVLSP -at their web site-has a pamphlet available for purchase that involves upgrading Discharges.

How long were you AWOL and what type of psychiatric care did you get during that time period?

Edited March 21, 2010 by Berta

[john999]

You can find a lawyer to help you on both the upgrade and the VA disability claim. You don't have to use a lawyer just from the Chicago area. If you have an active psychotic condition you need help beyond some VSO. Your psychosis has caused you to make some bad decisions. That is why you need to turn these matters over to a legal expert who will work on your claims. You probably deserved a medical discharge, but the more time that goes by before you appeal the worse it gets. Call your local bar association. There has to be someone in Chicago who does VA claims. You need a lawyer who understands discharge upgrades. You really need a lawyer for this I think since your discharge was not honorable conditions. This is not your fault since you were nuts at the time. I just basically agree with what Hawkfire is saying. I was DX'ed with a psychopathic personality disorder by the Army and kicked out, but got general under honorable. I had that upgraded to honorable. The VA dx'ed me with schizophrenia, and I got a lousey 10% which I appealed many times until I got IU. The Army treats really sick individuals like dogs. They take advantage of their sickness to cheat them out of their rights. I also was up for a courts martial and my SOB Jag officer told me to take the 635-212 discharge. You have to fight these dirty sons of bitches and you need to start now. What happened to you is disgraceful. I am in the process of asking for 100% retro to the day I was discharged and if I get it I will go back and try to get my discharge changed to a medical. How in the world can a person go from being a PD to a 100% disabled mentally ill person in 24 hours? My compensation rate went back to the day after discharge. I was discharged for demanding help for my psychiatric condition. The Army somehow trumped my demand into disobeying a direct order and sent me for a courtmartial. I was dumb enough to believe the Jag Officer who represented me was looking out for me. You got even worse treatment. Time is of the essence for discharge upgrades.

[hulamatt]

I have a feeling that the DAV rep expects a denial on your claim unless a Character of Discharge has been requested.

If you go to the VA web site and access the BVA decisions- there are cases there regarding a Character of Discharge Determination.

http://www4.va.gov/vetapp09/files5/0945232.txt

This case holds the regulations that determine the outcomes of this type of claim.

In part:

“CONCLUSION OF LAW The character of the appellant's service constitutes a bar to VA benefits. 38 U.S.C.A. §§ 101(2), 5107, 5303 (West 2002 & Supp. 2009); 38 C.F.R. §§ 3.1, 3.12 (2009). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The term veteran means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable. 38 C.F.R. § 3.1(d). If the former service member did not die in service, pension, compensation, or dependency and indemnity compensation is not payable unless the period of service on which the claim was based was terminated by a discharge or release under conditions other than dishonorable. 38 U.S.C.A. § 101(2); 38 C.F.R. § 3.12. A discharge under honorable conditions is binding on the VA as to the character of discharge. 38 C.F.R. § 3.12(a). Benefits are not payable where the claimant was discharged or released by reason of the sentence of a general court-martial. 38 C.F.R. § 3.12©(2); 38 U.S.C.A. § 5303. However, a discharge or release from service under specified conditions 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. 38 C.F.R. § 3.12( :) . Benefits are not payable where the claimant was discharged or released by reason of the sentence of a general court-martial. 38 C.F.R. § 3.12©(2). A person discharged under conditions other than honorable on the basis of an absence without official leave period of at least 180 continuous days is barred from receipt of VA benefits unless such person demonstrates to the satisfaction of the Secretary that there are compelling circumstances to warrant such prolonged unauthorized absence. 38 U.S.C.A. § 5303(a); 38 C.F.R. § 3.12©(6). An "other than honorable" discharge is not necessarily tantamount to a "dishonorable" discharge; however, a discharge or release for certain offenses is considered to have been issued under dishonorable conditions. “ In this case: http://www4.va.gov/vetapp09/files4/0930957.txt this veteran proved that she had a mental illness during service.

“ORDER The character of the Appellant's discharge from active military service is not a bar to the receipt of Department of Veterans Affairs (VA) benefits. “ These two cases are examples of what you are facing here regarding any potential VA health care or potential service connected benefits.

As Hawk said: You need to obtain copies of your Service medical records and your 201 file and all medical records available.

Also I believe NVLSP -at their web site-has a pamphlet available for purchase that involves upgrading Discharges.

How long were you AWOL and what type of psychiatric care did you get during that time period?

I was awol for 250 some days. I had a psychiatrist and he eventually refused to work with me because i was making threatening statements, i don't remember that but whatever. I was hospitalized halfway through the Awol for like 22 days, I kept having delusions and hallucinations and homicidal thoughts. So i did not get out for a while. I was Dxed paranoid Schizophrenia. Had a psych report, examination i dont know what to call it but it was like 300 damn questions, i had disorganized thought process high suspicioness all kinds of shit. Then i eventually got caught, i was actually on my way to turn myself in the next week or so, but i got busted. After i got to the awol place i went crazy, treated them like opfor, demanded to speak to special forces, told them i had classified information, i was out there, i thought i was put through some kind of secret test. Went to mental health and told them my story, they had to bring in a psych doc, when i told them i wanted a medical discharge, they said i was ok to stand a court martial. Needless to say after i signed my chapter 10 paperwork i was out of there in 3 days, still having psychosis. Less than 24hours being home i was hospitalized at the North Chicago VAMC for psychosis RO paranoid schizophrenia. stayed 19 days. I have applied for a discharge upgrade, it takes about a year, and sent them a pamphlet on schizophrenia and my medical dx paperwork. I guess i need to get a lawyer, Got a call from one on friday but missed the call, was interested in taking my case, so i will call tomorrow