Question About Eligibilty

[hulamatt]

I got out of AIT in 2008....I developed parnoid schizo within a year, however it wasnt diagnosed until i was on active duty for a second period of time, which i recieved an other than honorable discharge, and can possibly lose that eligibilty for that period of service, because of the discharge.... can i make the arguement that it was within one year of qualifying service, vs. being attributed to the unqualified service.... i have a hearing on it on tuesday, but im trying to figure out another route, if i lose my hearing for a determination of honorable for purposes of VA... I should win, but i cannot tell my story like i use to, so i dont know if i will be convincing enough to convince them to determine the last period of eleigibily was honorable....Went awol because i thought the government Cia NSa all kinds of stuff was coming after me was insane

Please do not speculate....only facts

I know ive posted alot but need to know how in the world i can get this SC'ed , i know it is but, hard to prove, and the OTH discharge, is not helping

Edited August 14, 2010 by hulamatt

[Philip Rogers]

Why do you feel it should be service connected?? Does it fall under one of the presumptive diseases?? How much active duty(AD) time did you have, before you went AWOL and received the OTH?? What are the dates of AD?? You stated two different periods, is why I ask. Could it be you are just trying to blame it on the service?? Could it have been pre-existing but undiagnosed?? Thanks!

pr

I got out of AIT in 2008....I developed parnoid schizo within a year, however it wasnt diagnosed until i was on active duty for a second period of time, which i recieved an other than honorable discharge, and can possibly lose that eligibilty for that period of service, because of the discharge.... can i make the arguement that it was within one year of qualifying service, vs. being attributed to the unqualified service.... i have a hearing on it on tuesday, but im trying to figure out another route, if i lose my hearing for a determination of honorable for purposes of VA... I should win, but i cannot tell my story like i use to, so i dont know if i will be convincing enough to convince them to determine the last period of eleigibily was honorable....Went awol because i thought the government Cia NSa all kinds of stuff was coming after me was insane

Please do not speculate....only facts

I know ive posted alot but need to know how in the world i can get this SC'ed , i know it is but, hard to prove, and the OTH discharge, is not helping

[john999]

I think you should hire a lawyer. First, consult with an Vet lawyer. I don't think you are in shape you be arguing your claim. If you are suffering from schizophrenia you need help putting the logical parts of your claim together. I thought you were discharged and then developed a psychosis within one year of discharge. That one is easy. If you served a regular hitch and got discharged and developed psychosis within one year of discharge it is presumptive. If you got in and out of active duty and then got kicked out on LTH discharge it gets so much more complicated. How long you were on active duty becomes a big factor. If you have schizophrenia and the army knew it I bet they worked hard to try and find a way to kick you out without admitting liability thus the LTH discharge.

[JamesBreckenridge]

I got out of AIT in 2008....I developed parnoid schizo within a year, however it wasnt diagnosed until i was on active duty for a second period of time, which i recieved an other than honorable discharge, and can possibly lose that eligibilty for that period of service, because of the discharge.... can i make the arguement that it was within one year of qualifying service, vs. being attributed to the unqualified service.... i have a hearing on it on tuesday, but im trying to figure out another route, if i lose my hearing for a determination of honorable for purposes of VA... I should win, but i cannot tell my story like i use to, so i dont know if i will be convincing enough to convince them to determine the last period of eleigibily was honorable....Went awol because i thought the government Cia NSa all kinds of stuff was coming after me was insane

Please do not speculate....only facts

I know ive posted alot but need to know how in the world i can get this SC'ed , i know it is but, hard to prove, and the OTH discharge, is not helping

Hulamatt: psychoses are presumptively service connectable if manifested to a compensable degree within one year of your release from active duty. Whether your particular flavor of schizophrenia qualifies as a psychosis is beyond the scope of this discussion, but for the sake of argument, let's say that it is.

You said you developed it within one year of your discharge. When were you actually diagnosed? Was it within one year of your discharge from your first period of service? That should be a slam dunk grant of service connection, even if you went back onto active duty within the one year and were diagnosed during a "bad" period of service but within one year of your previous discharge. Were you treated for it? Were you treated for ANY mental health conditions within the one year period, that perhaps later turned out to be schizophrenia when it was finally diagnosed?

Also, you're surely eligible for treatment, even if not compensation, if it was diagnosed within two years of your discharge for your "good" period of service.

I've seen many claims where there was a "bad" period of service that we were still able to grant benefits for things that were presumptive for the "good" period or were incurred during the "good" period.

Lastly, obviously having your discharge reviewed and possibly upgraded is an option.

Was this during two separate periods of active duty? Or just one period?

Edited August 14, 2010 by JamesBreckenridge

[john999]

Hulamatt

Were you in the NG or reserves? I don't understand your periods of service. You became schizophrenic in AIT? Then later you were on active duty again and went awol and got a LTH and became psychotic again? What is the chronology of your service and your disability. Who is helping you with your claim?

[hulamatt]

Why do you feel it should be service connected?? Does it fall under one of the presumptive diseases?? How much active duty(AD) time did you have, before you went AWOL and received the OTH?? What are the dates of AD?? You stated two different periods, is why I ask. Could it be you are just trying to blame it on the service?? Could it have been pre-existing but undiagnosed?? Thanks!

Well, i never had any psychological problems before entering the service never seen a psychiatrist...and my psychotic delusions is that i started thinking that in basic training i was given LSD and thought the CIA was watching me and my drillsergeants and was programmed to do certain stuff, so kinda related, I do not know if it falls under presumptive, but Psychosis is, and ive been told that Paranoid Schizo is a type of Psychosis, ive also been Dxed with psychosis, I was active for about 3 months before going AWOL, i was reclassing, and going active duty, thought that i was talking to my DS on a 1800 number and had to go back to fort knox to be given LSD again, i went.... dates of service are Sept or OCT 2007-Jan2008 (AIT) reserves after that till JULY 17 2008 went AD fulltime, dont think it was pre existing before i entered service,

I think you should hire a lawyer. First, consult with an Vet lawyer. I don't think you are in shape you be arguing your claim. If you are suffering from schizophrenia you need help putting the logical parts of your claim together. I thought you were discharged and then developed a psychosis within one year of discharge. That one is easy. If you served a regular hitch and got discharged and developed psychosis within one year of discharge it is presumptive. If you got in and out of active duty and then got kicked out on LTH discharge it gets so much more complicated. How long you were on active duty becomes a big factor. If you have schizophrenia and the army knew it I bet they worked hard to try and find a way to kick you out without admitting liability thus the LTH discharge.

had it within one year of discharge, but I went back AD within that year, and it was when i went back AD...also i was told that a lawyer cannot assist if an initial decision hasnt been made

Hulamatt: psychoses are presumptively service connectable if manifested to a compensable degree within one year of your release from active duty. Whether your particular flavor of schizophrenia qualifies as a psychosis is beyond the scope of this discussion, but for the sake of argument, let's say that it is.

You said you developed it within one year of your discharge. When were you actually diagnosed? Was it within one year of your discharge from your first period of service? That should be a slam dunk grant of service connection, even if you went back onto active duty within the one year and were diagnosed during a "bad" period of service but within one year of your previous discharge. Were you treated for it? Were you treated for ANY mental health conditions within the one year period, that perhaps later turned out to be schizophrenia when it was finally diagnosed?

Adjustment Disorder with Anxiety have been treated for schizo since being diagnosed,

and also anxiety

Also, you're surely eligible for treatment, even if not compensation, if it was diagnosed within two years of your discharge for your "good" period of service.

Went to the VA hospital they said i cannot be treated at a VA hospital because of the OTH, id love any references to the reg u are refering to

I've seen many claims where there was a "bad" period of service that we were still able to grant benefits for things that were presumptive for the "good" period or were incurred during the "good" period.

Lastly, obviously having your discharge reviewed and possibly upgraded is an option.

Was this during two separate periods of active duty? Or just one period?

Two

Were you in the NG or reserves? I don't understand your periods of service. You became schizophrenic in AIT? Then later you were on active duty again and went awol and got a LTH and became psychotic again? What is the chronology of your service and your disability. Who is helping you with your claim?

AIT not schizo, reserves, Not diagnosed Schizo, but probably had early signs, AD Schizo.....all happened within a year, i have DAV but my rep hasnt talked to me even after me leaving messages, someone told me he went over my claim i dunno(guy he had call me for him), hearing is on Tues. for determination if my service was honorable or not going to spend all monday either talking to him in depth or going to american legion for a new rep

[JamesBreckenridge]

Hulamatt, it's still a bit hard to understand your timeline.

So is this how it went down? In October 2007 you went to Basic, then AIT, and were then discharged and entered the reserves in January 2008? And you went back Active Duty in July 2008? What was the date that you were diagnosed with schizophrenia? This is critical.

As for the VAMC refusing to treat you because of your bad discharge, i'm pretty sure that's incorrect. You have a period of good service; I've seen nothing that indicates that one bad period of service renders one ineligible for VAMC medical care.