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New Evidence For Submission ? - My Criminal Charges


EVH316
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Question

Hi, (served 2002-2006 in Korea, Honorable discharge)

- I was just awarded 30% for OCD-- 10% from Oct 2006 and 30% beginning 2014 July (my 1st and only C&P date)

- 0% for Migraines beginning July 2014 (date of my C&P) . Denied for Sleep Apnea, and NON combat PTSD.

Question:

I received an UCMJ Article 15 in 2003 for possession of controlled substance (percocet pain killers). Another soldier in the barracks had given me these. I was taking them because i had trouble with Headaches, Sleeping problems, Depression. I have a 55 page Army CID report investigation that i have never submitted to VA. The report details 6 other soldiers in my office that were interviewed saying that i acted like i had mental problems ( I acted "Disoriented" ) at work. We had a barracks inspection and these pills were discovered and i was charged. In the CID report i told the Investigator Agent that i took pills because i had trouble with Headaches, Sleeping, and Depression. Should i submit this report to VA as additional evidence ?? I don't want to get in trouble for Misconduct with the VA and lose my Award.

They mention in my VA Award letter that they have no Medical evidence of Sleep problems or Headaches. This is a criminal investiogation report so Im afraid it might hurt me with the VA since i was charged with criminal drug possession...BUT this is because of the mental problems i was having i feel. This incident was very traumatic for me as i had: Security Clearance Suspended, Lost Rank, Lost respect of my Chain of Command, lost pay, and did 6 weeks extra duty.

Please help with this advice on whether to submit this report ?

ALSO- Could this be considered Misconduct... so the VA could terminate my recent Award and ask for their RETRO PAY they already gave me money back ???

thanks,



This is not medical evidence But it could show the VA i complained about Sleep and Headaches back in 2003.

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EVH: VA Accredited Attorney Time? Your dealing with potential "credible evidence" that could help or hurt you for the rest of your life. Plenty of Vet opinions available but you need a Professional Expert Opinion. Might think about talking to VA Accredited Appeal Attorney, Chris Attig. Check out his Vet Law Blog, great info. Your young and time is on your side, get as informed as possible before possibly stepping on your Johxxxx. I think in your situation, I would rely on Pro Legal opinion as apposed to LAY opinion. Good luck with your decision.

Semper Fi

Gastone

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I absolutely agree with Gastone....As wonderful and as helpful as all are on this site, get professional legal advice with this.

You do have an Honorable Discharge and a Article 15 is a non-judicial punishment, usually imposed by your unit commander/ or in some cases by a battalion commander. At least that is the way it used to be. I have an Article 15 on my record, and it did not affect any decision by the VA. However that was PART of my record at the time of my claims. I didn't have to submit that information as part of any claim I had.

Again, Gastone is correct.....get professional legal advice on this!!

I wish you well on all your claims, and always the best to you and your family!!

Greg

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