Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

dishonorable discharges

Rate this question


iceturkee

Question

there is a big discussion going on some site that the government and the va aren't being fair to veterans who received dishonorable discharges but were hurt while they served.

for as long as i can remember, it is browbeaten into your head not to screw up because you won't get benefits. but here is my question, should they? should someone with a dishonorable discharge receive va benefits including disability compensation? please discuss. thank you.

Link to comment
Share on other sites

Recommended Posts

  • 0

About a year and a half ago the "Hagel Memo" became news, because Hagel felt there could be as many as 80,000 veteran denied VA benefits due to bad paper .

The Hagel Memo is searchable here and his point was that many veterans who had PTSD from inservice events could have been given bad paper, -the cause of which was potentially their PTSD.

Those vets with bad paper's files were to have been searched for anything that could have possibly been attributed to PTSD, and thus the cause of the OTH, BCD, UD, or DD. I forget who was to do the search but assume it was to be done by the BCMR.

Do you have any links to anything recent on this?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

http://community.hadit.com/topic/63762-the-hagel-memo-and-oth-vietnam-vets/#comment-385781

WE did a radio show or two on this and there are 16 more links to Hagel Memo at hadit....

Some of those older discharges were as unfair as the Personality Disorder bull crap they used to pull on Vietnam vets who actually had

PTSD.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

Examples:

Soldier > combat > PTSD > AWOL > OTH discharge

Soldier > combat > Personality Disorder > OTH discharge

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

  • 0

I'm not very politically and do not care to be so especially on this subject. Personally I think this door shouldn't be opened. Why, because it is the duty of our military to face danger and to accept it. Give even the slight hope of getting out of that leaves the door open for people to "sustain" injuries or fake PTSD episodes to get out of the duty they VOLUNTEERED for and then get benefits on top of it...

There is appeal processes for OTH already, clear that up then go after the VA.

This of course is only my opinion.

Link to comment
Share on other sites

  • 0
15 hours ago, Berta said:

About a year and a half ago the "Hagel Memo" became news, because Hagel felt there could be as many as 80,000 veteran denied VA benefits due to bad paper .

The Hagel Memo is searchable here and his point was that many veterans who had PTSD from inservice events could have been given bad paper, -the cause of which was potentially their PTSD.

Those vets with bad paper's files were to have been searched for anything that could have possibly been attributed to PTSD, and thus the cause of the OTH, BCD, UD, or DD. I forget who was to do the search but assume it was to be done by the BCMR.

Do you have any links to anything recent on this?

no berta, i wish i did.

Link to comment
Share on other sites

  • 0
11 hours ago, DDuck said:

I'm not very politically and do not care to be so especially on this subject. Personally I think this door shouldn't be opened. Why, because it is the duty of our military to face danger and to accept it. Give even the slight hope of getting out of that leaves the door open for people to "sustain" injuries or fake PTSD episodes to get out of the duty they VOLUNTEERED for and then get benefits on top of it...

There is appeal processes for OTH already, clear that up then go after the VA.

This of course is only my opinion.

my feeling is that if a veteran believes their dishonorable is unjust they can appeal to the board of military correction. if its overturned, then thats great. that was browbeaten into my thick skull the whole entire time i was on active duty. i do believe that a lot of bad paper was unjust. but not all of it. if there is now a better option than the corrections board, then use it.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use