Other Than Honorable Discharge Records

[adkins7b]

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Edited August 9, 2013 by adkins7b

[Berta]

“ (B) Any of the anxiety states. “

That is listed in the Regulation for Chronic presumptives TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER II > § 1112
§ 1112. Presumptions relating to certain diseases and disabilities , posted here:

I suggest you read this criteria very carefully and see if your SMRs and/or personnel records might help you fit into the criteria. But there is the post service part too....that might not help

The part , however, 'manifested to at least 10% within first year after discharge', most always relies on treatment records during that time frame, whether VA or non VA.

Still, if there is any documentation at all in your SMRs of

“Also I complained about anxiety during my honorable period.” That could hold weight with the VA if it was medically documented.

“This is complete BS, i don't think they realize alot of people the military is everything and you don't tell navy docs alot of stuff. “

You are absolutely correct. And then many years later it is difficult to prove to VA the problems one had while in service.

You mentioned you did fight the bad paper discharge.....

I wonder if you could again appeal that via appealing the character of discharge statement VA said,.....how long ago did the VA make that statement to you?

VA has reversed Character of discharge decisions but

many BVA reversals stemmed from the 1970s and this case uses the same Presedential proclamation I think I used to get a vet's bad paper changed long ago.But his was changed to an Honorable, not a General.It might have been Pres Reagan and not Jimmy Carter's proclamation...I forget....maybe this link will help someone out there.

http://www.va.gov/vetapp94/files1/9406655.txt

Unfortunately I couldn't find a more recent case at the BVA that could help you.I only ad time to read over about 20 cases there.

http://www.index.va.gov/search/va/bva_search.jsp?QT=Section+1151+%2C38+USC&SQ=vetapp10&RPP=10&UA=Search#Results

You might be able to search under Character of Discharge for all years and then put 'granted' or 'not a bar to ' to refine the search to find something that might help.

[adkins7b]

Thanks for the help, I tried to upgrade it over a year ago and i think I had a year to appeal. i will look into it some more, and I should of had my doctor write letters about my mental condition. Its like fighting a war on 3 or more fronts..lol i will try to upgrade again, i will appeal, and I will see if i can claim secondary depression and anxiety to my sleep apnea.

[john999]

• You know I was treated in a military hospital for a mental illness and was later discharged with zero disability. I soon ended up in a VA hospital within a year of discharge and got 10%.....$28 a month. This was in bad old days but I see these days are not much better. It took 30 years to get to TDIU. The first 15 years after discharge I never made more than $6000 a year and lived like a dog. I put in for increases and all the VA asked me was "do you hear voices"? I worked at odd jobs and tried to go to school. I was not functional either socially or occupationally. I had to appeal a general discharge myself and got it upgraded to honorable. I also have sleep apnea and it depresses the hell out of me.

[adkins7b]

d

Edited August 9, 2013 by adkins7b