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Health Benefits Denied?

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steelman24

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Hello, I am an Army veteran of the Gulf War. I served 1 year and 3 months active duty before getting an honorable discharge. Upon returning from the Gulf War I became depressed and starting gaining weight. Within 6 months I was discharged from the Army. Throughout the past years I have experienced issues both mentally and physically ,but have been in denial that it was war related issues. For the last 20 years I have had sleep problems and nightmares that have gotten worse in the last 7 years. I was hospitalized for 7 days with a GI Bleed in 2008. I'm still having stomach problems and intestinal issues which make me use the bathroom constantly. I also suffer with anxiety problems. I avoid crowds and find myself wanting to be alone because I get overwhelmed when I'm around people. My neighbor who is a veteran of Vietnam suggested I seek VA for medical assistance. So, I went to the local VA office and applied for medical benefits and received a letter in the mail that I was denied. The reason stated was because I did not serve 24 consecutive months. My question is am I eligible under the Enhanced Eligibility? It states: you must have served in the Persian Gulf from August 2, 1990 to November 11, 1998. I do not have health insurance. What other options do I have to get approved in order to receive health benefits through the VA.

What options do I have? Chuck

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Update on my Update!!!!!

My last post was a positive note about the VA Office in Fort Bragg NC contacting me saying that I was approved. Unfortunatley, that wasn't the case. I went to get my picture taken for my ID card and was informed by the lady that told me I was approved that her supervisor informed her that I could not be approved and I was denied because I had not served 24 months continuous active duty. From there I was sent to an office on the second floor and I signed up for the Gulf War registry. I am scheduled for an exam on August 5th, 2015. I was told by the Gulf War registry office to go ahead and file my claim I was also told to file a 1071-31 form and that it may help assist me in getting approved for benefits. Is anyone familiar with the 1071-31 form? Should I file this form or just go ahead and file my claim or both?

Thanks again Steelman24

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Update on my Update!!!!!

My last post was a positive note about the VA Office in Fort Bragg NC contacting me saying that I was approved. Unfortunatley, that wasn't the case. I went to get my picture taken for my ID card and was informed by the lady that told me I was approved that her supervisor informed her that I could not be approved and I was denied because I had not served 24 months continuous active duty. From there I was sent to an office on the second floor and I signed up for the Gulf War registry. I am scheduled for an exam on August 5th, 2015. I was told by the Gulf War registry office to go ahead and file my claim I was also told to file a 1071-31 form and that it may help assist me in getting approved for benefits. Is anyone familiar with the 1071-31 form? Should I file this form or just go ahead and file my claim or both?

Thanks again Steelman24

That doesn't make any sense. You brought them a copy of your 214 that shows service in the Gulf and you were still denied health benefits? Double check your 214 I know you said that you received a HON discharge, but something is not adding up. That 1071-31 is used when VAMC submits a request to VBA RO for a Character of Discharge determination.

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You have to have two years of consecutive active duty after 1980. Doesn't matter wartime or not. OR

OR

Completed obligated period of service. Meaning called to active or served obligated time. Example. Desert storm. Called to active. Less than two years BUT served obligated time. Check remarks section on Dd214. It will say meet has completed obligated period of service.

Now before 1980 all you has to do was serve a day other than a rice duty for training. Example bay of pigs/Cuban middle crisis or Berlin airlift

OR of course be SC

http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptii/ch06/pt03_sp02_ch06.doc

4. Minimum Active Duty Service Requirements, Continued

b. Entitlement to VA Benefits When the Minimum Active Duty Requirements Are Not Met

An individual who does not meet the minimum active duty service requirements is not eligible for any benefit under 38 U.S.C. or under any other law administered by VA except

benefits for, or in connection with, a SC disability or death

insurance benefits provided by 38 U.S.C. Chapter 19, and/or

refunds of a participants contributions to the educational benefits program provided by 38 U.S.C. Chapter 32.

c. Exceptions to the Minimum Active Duty Requirement

The table below outlines exceptions to the minimum active duty requirements.

Exception

Description/Restrictions

Discharge under 10 U.S.C. § 1171

Description:

Allows for an early-out discharge within three months of the expiration of the term of enlistment or extended enlistment.

Note: This discharge is not available to officers.

Restrictions for persons in the Air Force, Navy and Marine Corps:

This discharge is not available to persons in the Air Force, Navy and Marine Corps who are discharged with less than 33 months of service, as the minimum period of enlistment for these branches of service is three years.

Restrictions for persons in the Army:

This discharge is not available to persons in the Army who are discharged with less than 21 months of service, as the minimum period of enlistment is two years.

Acceptable narrative reasons on DD Form 214:

Most discharges under 10 U.S.C. § 1171 have one of the following narrative reasons for discharge on the DD Form 214:

Overseas Returnee

Expiration of Term of Service, or

Completion of Required Service.

Continued on next page

Edited by JT24usn
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That doesn't make any sense. You brought them a copy of your 214 that shows service in the Gulf and you were still denied health benefits? Double check your 214 I know you said that you received a HON discharge, but something is not adding up. That 1071-31 is used when VAMC submits a request to VBA RO for a Character of Discharge determination.

ok today talked to va on the phone there may be a issue with my discharge statis. My dd 214 says hon for separation type. Guy at va says the form isn't a 1071-31 but a 10-3171. He wouldn't say what the issue is so. I will keep y'all updated as I find out info on this mess. Thanks again guys for the info. This process is very confusing .
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http://www.va.gov/vdl/documents/Financial_Admin/Auto_Medical_Info_Exchg_(AMIE)/tech.doc#_Toc221510013

7131/7132

VAF 21-7131 is a request for information. The regional office can log into the appropriate VA medical center and request a number of reports for a veteran. These include, but are not limited to, competency reports, admission reports, and asset information. Items such as 21-Day Certificate and Notice of Discharge are automatically tracked and issued only when the event occurs. At this point, they become a 7132, Notice of Discharge and 21-Day Certificate.

Multi-divisional medical centers may transfer portions of the 7131 request between their divisions.

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