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hypertension Eligilibity And Effective Date
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Question
d1ray
I am a Vietnam Veteran. I was referred to the site by my son-in-law's brother. I got interested in the sight because of the circumstance I find myself in and the volume of forums that address similiar situations. After serving three years on a four year enlistment, I re-enlisted in the waters of Vietnam. For that period of service, I received an Honorable discharge on 26 Jan 73 with a DD-214 showing this. My new enlistment, under the SCORE program started 27 Jan 73. Six months later, I was discharged with an Undesirable (OTH). I have tried many times to get this corrected without success.
The reason for the OTH was drug usage. I was sent to a special court martial where the sentence was 30 days in the brig and a temporary reduction in rank from E-5 to E-4 and a find for six months. Shortly there after, I was again found in possession and this time was given a captain's mass at sea on the way back to the states from the PI. That sentence was 30 days in the brig, another temporary reduction in rank from E-4 to E-3 and fined for another six months. Somewhere along the line, my case went to an administrative discharge review board. I received no legal advice on my rights or procedures. Upon release form the brig we were in home port of Alemeda. I was immediately transferred to TI and discharged 3 weeks later with the Undesirable based on the administrative board.
About 5 months later, I enter federal employment where I claimed the 5 point veteran preference by honestly answering the questions on the SF-171 and giving my correct dates of service. An investigation was done where they alledged I lied but, after good representation I was allowed to remain employed, gaining career status, until I resigned in 1980 and moved back to Texas. Fast forward to 1990 where I am re-instated with the VA automation center.
My tenure with the VA was spotted with substance abuse and eventually I was referred to the VA clinic under the employee assistance program. They refused to see me as an eligible veteran and reported it back to my personnel officer. They stated that although I have two discharges, it was considered one continuous period of service. My job fired me for leave abuse and the responses made on my application regarding my discharge even though I answered truthfully.
In the past, I have tried to seek help from the VA for possible PTSD and substance abuse. Each time, they have told me I was "ineligible for VA services" without ever making a COD determination. The first time was with regard to the above mentioned incident and again in 2003 where I received a one paragraph letter stating I was ineligible. Never was I given a right to reconsideration for even the honorable period!
A couple of months ago, I made another attempt by showing both discharges. Suddenly, I am being seen for medical and I have filed for sevice connected disability immediately for PTSD and substance, asthma bronchitis and hypertension. I believe i should have ben seen the first time and allowed to be evaluated for any S/C disability but was turned away instead.
My understanding is that since I have one DD-214 that shows a discharge date one day before the start date of the OTH, that it is considered a break in service. That is not how I read the CFR. For a break in service, there needs to be 2 days, not one as is my case.
In either case, I am now being seen and hope to have an upcoming C & P and possibly a FDC determination. My question is, should my eligibility remain, can I declare an earlier effective date back to the first I tried to be seen but was denied? Could/would this be considered a 'CUE' since all the denials were with proper consideration and I was never given the right to reconsideration?
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