How Can C&p N.p. Give Non-Medical Report/opinion

[acesup]

Hi, long time since I've posted here. I got shot down in March, denied on all counts, and I've not been handling it so well. But, it is better, and I refuse to quit.

I got in some trouble when I was in the Air Force. I believe it is because of the onset back then of possibly depression/chronic pain disorder and Obstructive Sleep Apnea. (OSA was unknown to the medical community back then, so was Chronic Pain Disorder, but my SMR's cite many of the symptoms that would lead to those diagnoses.)

The C&P N.P. shrew, in her report, began it with a long review of my disciplinary problems while on active duty. She wrote it in a way that would make me look awful, right off the bat, to anyone reading the report.

Personally, this seems unethical to me. I never saw where the VARO requested a recap of my personal conduct record, I thought they simply requested a medical examination/review.

I know we're talking about a VA N.P., but even for one of those, this just seems wrong.

For the record, I received an Honorable Discharge, and was told at the time it was for hardship, but much later I learned that some quack Psychiatrist (whom I never saw) and my C.O. had actually discharged me as "unable to adapt", claiming I exhibited symptoms of several disorders, hence a diagnosis of "Personality Disorder N.O.S.". He claimed that I said if I didn't get out I would "just keep getting into fights". Only fight I ever got into was with a punk who poured hot coffee on me.

Edited October 30, 2011 by acesup

[acesup]

Without the paperwork right in front of me, I want to say the discharge says AFM 39.12. It is General under Honorable Conditions. The discharge was not for a court martial or disciplinary action, I had already satisfactorily completed retraining and rehabilitation and was on regular duty. I thought I was getting a Hardship Discharge, but it was a "PD", unable to adapt.

Eric, I contacted a NOVA attorney and will meet with her soon. I find it interesting that a) their services are FREE and b) they deal with a DRO. They do not handle appeals at the BVA. Thanks for the info.

[71M10]

Without the paperwork right in front of me, I want to say the discharge says AFM 39.12. It is General under Honorable Conditions. The discharge was not for a court martial or disciplinary action, I had already satisfactorily completed retraining and rehabilitation and was on regular duty. I thought I was getting a Hardship Discharge, but it was a "PD", unable to adapt.

Eric, I contacted a NOVA attorney and will meet with her soon. I find it interesting that a) their services are FREE and b) they deal with a DRO. They do not handle appeals at the BVA. Thanks for the info.

Please make sure you get this NOVA attorney all the facts straight up. In an earlier post you stated you had an HONORABLE discharge and now you indicate your discharge was GENERAL. I think the suggestions that you might have an easier time connecting the depression as secondary to your chronic service connected medical conditions is good advice. I am currently working on SC for Apnea and the Medical opinion my Pulmonologist/sleep specialist wrote covers both direct SC citing medical evidence for in-service connection, and then goes on to describe how my current SC injuries/conditions continue to exasperate my sleep apnea. Hopefully it will be approved. Its taken 4 years for them to actually indicate they are reviewing it and I have had to send the letter from the doctor three seperate times (keeps on disapearing), but they screwed up and listed it as evidence in my 2007 hypertension claim so the return receipt card from the first mailing will preserve my effective date.

Best regards,

[EricHughes]

Without the paperwork right in front of me, I want to say the discharge says AFM 39.12. It is General under Honorable Conditions. The discharge was not for a court martial or disciplinary action, I had already satisfactorily completed retraining and rehabilitation and was on regular duty. I thought I was getting a Hardship Discharge, but it was a "PD", unable to adapt.

Eric, I contacted a NOVA attorney and will meet with her soon. I find it interesting that a) their services are FREE and b) they deal with a DRO. They do not handle appeals at the BVA. Thanks for the info.

NOVA attorney's are generally Pro-Veteran. They will often take cases prior to the NOD pro bono. I however distrust attorneys that are not NOVA, or that practice "Elder Law" and do VA claims work on the side. The later are often selling services to transfer assets to artificially qualify for VA pension. While legal, I don't think that is the congressional intent.

[acesup]

Please make sure you get this NOVA attorney all the facts straight up. In an earlier post you stated you had an HONORABLE discharge and now you indicate your discharge was GENERAL. I think the suggestions that you might have an easier time connecting the depression as secondary to your chronic service connected medical conditions is good advice. I am currently working on SC for Apnea and the Medical opinion my Pulmonologist/sleep specialist wrote covers both direct SC citing medical evidence for in-service connection, and then goes on to describe how my current SC injuries/conditions continue to exasperate my sleep apnea. Hopefully it will be approved. Its taken 4 years for them to actually indicate they are reviewing it and I have had to send the letter from the doctor three seperate times (keeps on disapearing), but they screwed up and listed it as evidence in my 2007 hypertension claim so the return receipt card from the first mailing will preserve my effective date.

Best regards,

Just FYI, a General Discharge under Honorable Conditions IS an HONORABLE Discharge. There's nothing about that statement that is NOT "straight up". The word "Honorable" means "Honorable", even though it is "General".

I didn't mean for that to sound nasty, just trying to clear it up. Sometimes when I type words they sound harsher than I intend them to be.

And thank you for your input re: the depression. Best of luck with your case!

Edited November 8, 2011 by acesup

[71M10]

Just FYI, a General Discharge under Honorable Conditions IS an HONORABLE Discharge. There's nothing about that statement that is NOT "straight up". The word "Honorable" means "Honorable", even though it is "General".

I didn't mean for that to sound nasty, just trying to clear it up. Sometimes when I type words they sound harsher than I intend them to be.

And thank you for your input re: the depression. Best of luck with your case!

There most certainly is a difference between and Honorable Discharge and A General Discharge(citing personality disorder). The way your mental health claims are being adjudicated is affected by it. I am not saying you did not provide Honorable service to your country, I am stating a factual difference that the lawyer needs to know.

Best regards,

[carlie]

http://www.military.com/education/content/gi-bill/gi-bill-eligibility-details.html

"Character of discharge. To use MGIB after you're separated from active duty, your discharge must be fully honorable. Discharges "under honorable conditions" and "general" discharges don't establish eligibility for MGIB."

http://www.eielson.af.mil/news/story.asp?id=123117744

"10/1/2008 - EIELSON AIR FORCE BASE, Alaska --

A military discharge is given when a member of the Armed Forces is released from their obligation to serve. There are five ways to characterize a discharge: Honorable; General (under honorable conditions); Under Other than Honorable Conditions (UOTHC); Bad Conduct; and Dishonorable. The first three are given when a service member is administratively discharged, while the latter two are the outcome of the judicial process.

Each type of discharge has a specific meaning and can affect veterans' benefits and employment after serving. The service characterization received depends on the reason for discharge.

Service members normally receive an Honorable discharge when the service member completes their tour of duty and meets or exceeds the required standards of duty performance and personal conduct. However, one need not complete his or her term of service to receive an Honorable discharge; provided the reason for involuntary discharge is not due to misconduct. For instance, service is characterized as honorable for failure in the fitness program. Those receiving an Honorable discharge will generally get veterans' full rights and benefits and are able to obtain post-service employment.

A General discharge is for service members who leave the service under honorable conditions, but their conduct and performance of duty was not so meritorious to receive an Honorable discharge. Reasons for such characterization are generally preceded by some form of nonjudicial conduct. Some people think that a General discharge is as good as an Honorable discharge, but this is not true. A General discharge may disqualify a veteran from participation in the GI Bill, service on veteran's commissions, and other programs where an honorable discharge is required.

An Under Other than Honorable Conditions (UOTHC) discharge is the most severe form of an administrative discharge. This characterization represents a significant departure from the conduct expected by a service member. Significant departures include security violations and the use of violence. Recipients of UOTHC discharges are generally barred from enlisting into any component of the Armed Forces and the majority of veterans' benefits are unavailable.

Unlike an administrative discharge, a Bad Conduct discharge is a punitive discharge that can only be given to an enlisted service member through a Court Martial. Virtually all veterans' benefits are forfeited by a bad conduct discharge.

Similar to a Bad Conduct discharge, a Dishonorable discharge is a punitive discharge and not an administrative discharge. A service member may only receive a Dishonorable discharge through a General Court Martial conviction for offenses like murder, rape and desertion as part of the sentence. This characterization of service results in a loss of all veterans' benefits and may make obtaining gainful employment difficult.

Commissioned officers cannot be given a Bad Conduct discharge or a Dishonorable discharge. If an officer is convicted by a General Court-Martial, then that officer's sentence can include a "Dismissal." This is considered to be the same as a Dishonorable discharge.

What happens to you in the military can have lifelong effects, in particular when you consider a discharge's impact on post-service opportunities, such as educational and other veterans' benefits and job prospects. Living by the core value of Excellence in All We Do will ensure your success, even if you decide to leave the Air Force for a civilian career. "