Help The Cmp Examiner Denied My Claim Based On A Different Discharge

[Burnsm00]

Hello...I recently did a cmp and pft test. Then two later i got a denial letter in the mail. I looked at the evidence on her decision and and put done 6204.2 uncategorized/erroneous enlistment as evidence to deny me. When my discharge was 6203.2 convience of the government. What do I do...do i have to wait five years because a cmp examiner made a big mistake.

[iceturkee]

was your discharge honorable? just curious.

i don't know much about CUE so i don't know if this falls into the category or not. or if you would have to file a notice of disagreement. but the nature of your discharge concerns me. i received a general under honorable condition discharge because mine was medically related.

[Mikemmlj]

Can you explain cmp and pft tests?

[Berta]

We need more info.

I only found one case tat the BVA regarding this type of discharge:

http://www.va.gov/vetapp11/files3/1123124.txt

The veteran had a GI Bill issue and not a service connected claim.

His case was on remand.

The case states:

"6203.2, concerns a "Physical Condition Not a Disability." It states that (a) Whenever a Marine's performance deteriorates or has an adverse effect on others in the unit, commanding officers and subordinate leaders will try to determine the cause. When the command suspects a physical condition interferes with the Marine's effective performance of duty, the Marine should be referred to the appropriate medical authority. If examination by a medical officer confirms that the Marine is suffering from a physical condition apparently beyond the individual's control and indicates that the condition is not a disability, initiate separation proceedings per paragraph 6303 or 6304 as appropriate. Such conditions may include the following:

[Continued on Next Page]

(1) Obesity. Separation under this basis requires certification by a medical officer or medical board report that the Marine's overweight condition is due to pathological factors, not of a temporary nature, and apparently beyond the Marine's control. See MCO 6100.10B.

(2) Bed-wetting (enuresis).

(3) Sleepwalking.

(4) Chronic air sickness.

(5) Chronic motion sickness.

(6) Pseudofolliculitis Barbae. Refer to MCO 6310.1B, Pseudofolliculitis Barbae, for details or treatment required before initiation of separation action.

(7) Allergy. This includes, but is not limited to, allergy to clothing, boots, bedding, and bee stings, or illness such as asthma and hay fever.

(8) Disqualifying Height. Separation on this basis is appropriate when, after a proper enlistment, a Marine cannot be assigned duties appropriate to grade and MOS due to increased height. Before separation, the commander should investigate reassignment options for the Marine.

(9) Any additional physical condition which interferes with duty, as determined by the commanding officer and medical officer, that is not considered a physical disability."

Apparently the veteran was eligile for partial GI Bill and I found no case regarding a service connected disability with this type of discharge.

Except the BVA notes:

"he Veteran appears to have been granted service connection for asthma by the RO. The Veteran submitted a copy of the award letter which indicated he had "asthma, exercise induced" and a 10 percent disability rating from April 25, 2007, which is his discharge date. It appears there is a July 2008 rating decision granting service connection for asthma; however, such a document is not associated in the claims file.

The RO, in the September 2009 Statement of the Case, indicated "that DoD confirmed that the Veteran was not released due to a service-connected disability. Claimant was released due to a condition with his asthma." However, no such record from the Department of Defense (DoD) is in the claims file."

You should have received from the VA, after filing the claim, a VCAA letter. Did the VA ask for any additional info regarding your discharge and did you send it to them?

Did they request any confirmation from DOD as to the type of discharge you got?

As this case reveals, it is possible to get service connection with this type of discharge....but the BVA found there was much info lacking in the case.

Was your discharge Honorable?

And what are you claiming?

Can you scan and attach here the actual denial as to the VA's reason and Basis and also the Evidence list they used? (cover C file, name, address, prior to scanning.)

Edited January 6, 2015 by Berta

[toddt]

Complete Metabolic Panel (CMP), Pulmonary Function Test (PFT)

It would seem to me that all you would have to do is present your DD-214 to your regional office showing that your discharge was 6203.2 vice 6204.2. Or, go back to the "cmp examiner" and have her correct the mistake and resubmit.

Edited January 6, 2015 by toddt

[Philip Rogers]

And here I thought the CMP was a misspelling of the C&P exam?? Rereading his post I still think he meant C&P because later he states "CMP examiner."

As to the discharge, I believe they give a "for the convenience of the Gov't" discharge, in an effort to protect the VA/Gov't from potential compensation claims, but I'm not positive.

Personally, I'd file a CUE claim, requesting that the VA CUE themselves, based on the erroneous code used.

jmo

pr

[Berta]

I misunderstood this too.

PR said "Personally, I'd file a CUE claim, requesting that the VA CUE themselves, based on the erroneous code used."

That might be a good idea but then again this veteran stated:

"When my discharge was 6203.2 convience of the government. What do I do...do i have to wait five years because a cmp examiner made a big mistake."

Burnsm00, did you file a claim for anything on the 6203.2 list above that is Not considered a disability?

We need more info.