Veteran Benefits?

[Testvet]

If a veteran has multiple enlistments for example 1971-1984 obviously he had had many years of "good service" but in his last year of service he screwed up and was given a Chapter 10 in lieu of a court martial he was exposed to AO on the DMZ in Korea and has DM2 and a few other medical issues that would be or could be connected to his period of good service is it possible for him to file and get a compensation claim approved or is his Chapter 10 going to keep him from being able to get veteran benefits?

If nothing else might he be eligible for a pension as he is unemployable and he did get hazardous duty pay while in Korea and served during the Vietnam War. I am lost on how to help him, he is my brother and the last time I saw him was at my mothers funeral in April 1996. The middle man on all of this is our yougest brother he is here now and he is going to Atlanta tomorrow to pick him up so he can move him to Henderson NC and live with him until we can figure out if the VA can or will help him and get him signed up for what ever aid is available. It is my understanding is that he gets food stamps now and no other help he has been living with a friend in Georgia but the state just changed laws about people on assistance and how many people can live in one residence and keep their benefits.

Life has been rough for him and obviously he has made some bad choices, but he needs help and I am not sure if he is entitled to VA benefits or not he has 2 or 3 good periods of service before he totally threw his career away. Any guidance would be appreciated thanks

[Philip Rogers]

He can definitely get benefits based on his good service period(s).

pr

[Berta]

While past periods of Honorable Service weigh heavily when either the BCMR or the VA (or both) consider either an upgrade to discharge (BCMR) or a Character of Discharge determination (done by the VA),

it does not always mean the veteran will be found eligible for VA benefits:

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files3/1128090.txt

In this case the veteran indicated he was contacting the BCMR for an upgrade:

But per the BVA:

“The Veteran appealed that decision, and in his May 2007 Form 9 he indicated that he was filing for a discharge upgrade. However, there is no indication that such a request has been made or considered, or that his DD Form 214 has been revised to reflect an upgraded characterization of service. “

Since the BCMR takes a very long time to decide on upgrades, this vet could have received a favorable BCMR decision by now, and therefore could succeed in potential VA eligibility.

I feel a veteran should

1. 
   request a Character of Discharge Determination by the VA and make claim to any potential SC disabilities along with that request.
   

1. 
   
   1. 
      
   2. 
      Definitely make application to the BCMR for a possible upgrade.
      
   3. 
      Go over very carefully the criteria VA uses in this BVA case for Character of Discharge Determinations as the veteran might well need to seek extemporaneous evidence, such as buddy statements,private medical records, etc.
      
      

I dealt with a similiar situation regarding a local vet any years ago.

My best advice is to read over very carefully all of the DD 214s and any documents that pertain to the discharge. Better yet have him seek a good vet rep for help with this.

“If a veteran has multiple enlistments for example 1971-1984”

Are these subsequent re-enlistments that end with a bad paper discharge in 1984 or separate enlistments?

“Chapter 10 in lieu of a court martial “ can mean multiple things. What type of Discharge did he actually get?

Sometimes a bad paper discharge can certainly be changed.

It depends on many factors,but even the veteran in the BVA link above ,with prior HD, could not overcome the discharge he received for his second period of enlistment.

[Philip Rogers]

He absolutely can get veterans benefits for anything that is related to his good periods of service and could be eligible for a VA pension, provided he served in a period of war, which I believe would be VN, until mid seventies. He need not have served in the actual war, just wartime service.

pr

Edited August 4, 2012 by Philip Rogers

[Berta]

Just to add:

The specific regulations for this type of claim are found within 38 U.S.C.A. §§ 101, 5303, 5107 (West 2002); 38 C.F.R. §§ 3.12 (2010).

and I cite NVLSP's Footnote 55, of the 2011 Edition of the VBM regarding prior periods of service,etc, and the word “may” appearing before “qualify”.(page 29)

This is the M21-1MR criteria for this type of claim:

http://www.docstoc.com/docs/50827199/M21-1MR-Part-III-Subpart-v-Chapter-1-Sectio

And I posted the most recent update on the Korea AO regs here:

[MRRRR5]

This is good information.

My brother was in the Navy and had a similiar situation after multiple "good years" of service ending with his chapter discharge for a positive urinalysis test.

He submitted an initial claim that was denied by VA, citing the negative discharge. However, after going over his medical files last year before his appeal time ran out, I had him to request reconsideration based on several claims originating during the "good years" of service and at least two have been granted with a 10% and 0% rating, respectively.

He now has a representative with one of the service organization assisting him on the others as all of them originated during the "good years" (or honorable years) of service.

[hawkfire27]

HI Testvet,

My husband is currently rated at 100 +60 sc'ed. He was chapter 10 discharge in lieu of courtmarshall also, due to awol (psychiatric disorder/ PTSD) he recieves full benefits, so I definitely know that it can be done. His DD214 states general under honorable conditions for the good of the service. We currently have a request for medical retirement 40 years in the making currently before the ABCMR. he never had to do anything but apply to get benefits.

I am guessing from your post that he has something smilar, but was denied VA benefits? He should just be able to get benefits without jumping too many hoops.

Definitely apply for a character of service determination from the VA if he has been denied previously.

and/or apply to the BCMR for a discharge upgrade. I really suggest a lawyer if it was a less than honorable discharge though.

Before doing any of this, get a copy of the service medical records and any hospital records from his time in service from the Archives in St Louis, . I recently found out that clinical records fro the service are keep under the hospital's files and not the personnel files so check that too. Get any letters of commendation, a copy of the papers involved in his discharge, any articles 15s etc. Make sure you have the same info that the VA would recieve fro a character of service determination.

As I said earlier my husband is 100+60% and never had to get a character of service determination. He is service connected for PTSD 100%, Ischemic Heart disease 60%, and Diabetes 20%.....

let me know if you want more info about it.

Hawk