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]

Update. Because of my discharge, i have to prove that i was either A insane at the time i commited it, or possibly(not sure if this will fly) Insane at the time i did my paperwork, to get the chapter 10. Luckily i was insane both times, hard to prove on the AWOL because i don't have a hospitalization till 3 months later, but i was hospitalized 24 hours after signing the discharge paperwork for having psychosis.

Of course i can get an upgrade, but im trying to get this decision right the first time, i don't want to file an NOD and go through all kinds of crap.

Going to try to get an IMO from my doc tomorrow, recommending me for 100% T and P, and also getting her to say i was insane at the time i went AWOL, Well see. I know raters low ball people, but my case is pretty clear.

Quick question, For Mental health and diseases, is it 70% or 100% with no in between or do i have a chance at getting something in the middle, Ive got 3 out of the 5 for 100%

Thank you to everyone here at Hadit that has helped me, I will continue to be here for life to help others. Didn't know there was so Much BS involved with the VA. Only real problem i have ever had was the VA said i was married when wasn't asked to see my C file and they told me no. I know they have a duty to find my military health files, but its a big hassel, so i will do it for them

[Berta]

Your doctor will need to refer to your SMRs and medical records in order to prepare an IMO that the VA will accept. The IMO format is in our IMO forum.

[Pete53]

Hula

You probably will not be able to do it your way and get what you want off the bat. Consider your claim as a process of leaps and dodges.

[john999]

Hula

I spent 2 months in Army mental hospitals. I can tell you right now I don't think the VA is just going to roll over for you.

[Hoppy]

hulamat

I had problems uploading this and edited it several times. If you can read this statement that I edited it then you got the final version.

I am currently assisting another veteran who was given an administrative discharge for being AWOL for less than 180 days. He receives medical treatment at the VA hospital. I did some research on his claim which resulted in finding information that might be applicable to your claim. Were you AWOL for more than 180 continuous days. I posted the research below in the event your AWOL did not exceed 180 continuous days. By the way the veteran I am assisting went AWOL three times and still receives VA benefits for healthcare. If you were AWOL for more than 180 days or there were other crimes involved then some of my research does not cover your situation

I recall that you were discharge under less than honorable conditions. I think I recall you posting that you didn't think there was such a thing as a dishonorable discharge. This is the first concern I will deal with. The research I have found indicates that a less than honorable discharge is an administrative discharge and is entirely different than a dishonorable discharge which is considered a punitive discharge

The following two paragraphs were copied from http://en.wikipedia.org/wiki/Military_discharge

An OTH is the most severe form of administrative discharge. This type of discharge represents a serious departure from the conduct and performance expected of all military members.

A dishonorable discharge (DD), like a BCD, is a punitive discharge rather than an administrative discharge

_______________________________________________________________________________

As noted in the formal finding required section pasted below the VA is required to perform a formal finding on eligibility for benefits for a discharge other than honorable. This is not the case for a dishonorable discharge. For a dishonorable discharge the bar to benefits is enforced automatically unless the veteran was determined to be insane at the time of the infraction.

I got the impression you equated a less than honorable discharge to a dishonorable discharge. I do not believe this is the case. Also, a literal interpretation of what I read indicates the insanity defense is only necessary for a dishonorable discharge. It does not appear to be a necessity on a less than honorable discharge. However, it would still be an applicable defense in the event a bar to benefits was issued on a less than honorable discharge. In any event at this time what I found the VA is required perform a formal finding of your eligibility rather than an automatic bar to benefits.

c. Formal Finding Required: A formal finding is required to determine the effects of the following on a veteran’s benefits:

A formal finding is required to determine the effects of the following on a veteran’s benefits:

• an undesirable discharge

• an other than honorable discharge, or

• a bad conduct discharge.

Determinations of status as a veteran must be supported by a preponderance of the evidence. The reasonable doubt rule of url="http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_102.DOC"]does not apply in determinations of status

____________________________________________________

Note that the following protocol applies to AWOL for more than 180 days. The veteran I have been assisting was AWOL for less than 180 days and as far as I know if they did a formal finding he was not even notified most likely because he was AWOL for less than 180 days. As such they never considered an adverse action as discussed in the section below.

Copied from the M-21.............................................

Cases of UA or AWOL Follow the steps in table below to determine the action to take when is a case with an other than honorable discharge, and continuous period of 180 or more days of either a UA or an AWOL.

Obtain the complete military records via the Personnel Information Exchange System (PIES).

The information collected must include the exact dates and nature of the lost time.

For more information on UA or AWOL, see url="http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_12.DOC" 38 CFR 3.12©(6)

If the service department confirms a continuous period of 180 or more days of UA or AWOL (exclusive of periods

of imprisonment or confinement) which led to the other than honorable discharge, then furnish the claimant a notice of proposed adverse action[t]explain that a statutory bar to benefits may exist because of unauthorized absence (or absence without official leave) from “[the beginning date of the period]” to “[the ending date of the period]”, and tell the claimant to notify VA in writing within 60 days if there were compelling reasons to warrant this absence.

Edited April 1, 2010 by Hoppy

[hulamatt]

Obtain the complete military records via the Personnel Information Exchange System (PIES).

If the service department confirms a continuous period of 180 or more days of UA or AWOL (exclusive of periods

of imprisonment or confinement) which led to the other than honorable discharge, then furnish the claimant a notice of proposed adverse action[t]explain that a statutory bar to benefits may exist because of unauthorized absence (or absence without official leave) from "[the beginning date of the period]" to "[the ending date of the period]", and tell the claimant to notify VA in writing within 60 days if there were compelling reasons to warrant this absence.

Yeah i never got a letter saying that i might be barred from benefits, or to send any type of information on my AWOL, or character of service, I did it on my own so i am assuming im good to go, because if it wasn't adequate im sure i would have gotten that letter, What is PIES, does it contain anymore information than the National Personnel Records center, cause i got my full file from them, just worried about something popping up in another system that i dont know about.

Thank you very much for this information it was very helpfull and gave me a piece of mind, i might make a trip to my VAMC tomorrow, and demand benefits for a disease incurred in service, , i dont know, i know ive got a bar because i was in deserter status, but i was crazy, so it shouldnt count, but try telling this a government worker