Discharge Upgrade And PTSD

[Johnny12]

First off let me just say that 3 years ago I posted on here for advise on my own claim. I was successful and it only took 3 months.

     The reason I am posting today is my cousin. He was in the Navy and received an Other Then Honorable Discharge. We have not submitted anything to the Navy yet. I'll tell the story and lay out the evidence. Please let me know your opinions.

He served in the navy from 92 until 94, he was 6 months from his end date.  He didn't get  in any trouble and was even taking some college courses while in. But in December of 93 his father ( just like my father ) committed suicide. He immediately started drinking heavy. Several months later he had missed muster a couple times and when confronted the last time he blew up and said he could just blow  the JFK up. He was of course thrown out asap with An other then honorable. Well since then he has had the typical life of some one with PTSD But wasn't diagnosed.My brother recently committed suicide. We were all close and it was pretty traumatic as he helped me as I tried to save my brother. He, as well as I went to grief counseling. After telling his story to his psychiatrist. She diagnosed him with Chronic PTSD and stated that it started in the service and was reinforced with my brother. 

So now that is a quick brief.

My plan is to ask for a change in discharge due to PTSD in that it started in the Navy. our evidence is his good service until his dad died. His diagnosis. 2 Buddy letters from his ship mates and 1 supervisor that says there was a huge change in his behavior after his dad died. A letter of recommendation from a Marine Colonel. I believe I can lay out a clear road map for the Navy.

So any advice, or comments are greatly appreciated. I hope to get this done so he can seek treatment since he is unemployed and cant afford to see a private DR. I know where and how to apply. We orderd his 

[63Charlie]

I'm no expert, but that sounds more like the onset of Major Depressive Disorder occurred after the passing of his father rather than PTSD.

[Berta]

These can be very difficult claims. There is very little info at hadit on them--- as far as advice, the most advice here I found was that a lawyer ,with BCMR expertise, is needed to handle the case.

 “After telling his story to his psychiatrist. She diagnosed him with Chronic PTSD and stated that it started in the service and was reinforced with my brother. “

Many men and women in service suffer the loss of a parent or sibling. The fact that the psychiatrist said ‘it started in service’ and was reinforced by the death, means there must have been an inservice stressor initially , that the death made worse (exacerbated).I feel he will need a strong nexus ad proof of  any inservice stressor, prior to the death.

OTH discharges involve many circumstances.

 

This site offers a free evaluation of the case: ( the site is undated however and does contain more info on discharge upgrades.)

https://www.mcmilitarylaw.com/correction-of-military-records.html?gclid=CKeJ-uf9-dUCFQcMaQodwaAIIA

Since the veteran’s discharge was over 15 years ago, this lawyer’s site has the procedure:

“, we are only accepting discharge upgrade cases where the discharge occurred within the last 15 years. Laws and regulations that govern discharge review boards are strict. In particular, the 15 year rule is never waived. If a discharge is older than 15 years, the DRB will not hear your case. For these older discharges, the case must go before a service’s Board for Correction of Military Records (BCMR), which has a much lower probability of success than the DRB. Even the best experienced military lawyers have difficulty at the BCMR.”

http://www.militaryadvocacy.com/areas-of-practice/discharge-upgrades.html

He will need to contact a lawyer with experience in BCMR proceedings and I assume he is obtaining all of his military records.

"Developing the Record Before the DRB/BCMR

Because issues related to unfairness, injustice, and/or illegality are broadly defined, developing the record prior to application is critical. Our attorneys strive to provide comprehensive and structured submissions to the operative Discharge Review Board or Board of Corrections of Military Records that include:

1. Evidence of the improper nature of the discharge process;
2. evidence of the unfair nature of the discharge;
3. impact of the discharge on the veteran’s life;
4. evidence of the veteran’s conduct and achievements after leaving military service;
5. educational and occupational pursuits after service;
6. financial status;
7. character evidence both in service and post-discharge;
8. impact statements from family members;
9. civil and community achievements post-discharge;
10. statements from the veteran;

mitigating and extenuating information regarding the misconduct that contributed to the dischargeecords and any private ones."

http://www.finkrosnerershow-levenberg.com/veterans_personnel_records.html

 

 

[broncovet]

Stick to the basics, VA will.  Show that you meet the Caluza elements of:

1.  Current diagnois of PTSD.  You dont have to have an "In service" diagnosis of PTSD, just a current one.  Its the same for MDD.  Current diagnosis.  

2.  In service event or stressor.  

3.  Nexus or medical link between these 2, above.  

     To document the above, you have to have a VA doc diagnose your PTSD.  Dont ask me why, but VA wont accept a Private IMO diagnosis of PTSD.  

     You "may" have to fix your discharge, but Im not even sure about that.  VA should let you know if you do not have the requisite discharge.    In your defense, the military discharged MANY Vets as unfit for service when they really had PTSD CAUSED by service.    Berta did a great job explaining the discharge upgrade, and I have nothing to add with that.  

     As always, I dont recommend Vets become their own doctors OR lawyers.  Let the doc diagnose your mental disorder, PTSD/bipolar/depression etc.  The VA wont accept your diagnosis anyway, so when you apply, apply for a mental health disorder including PTSD, depression. bipolar or other mental health disorder as may be diagnosed by a doctor.  You dont need to be an expert on diagnosis of mental disorders to get benefits for one.   Remember, too, you will likely be seeing multiple doctors, and doctors often differ on their diagnosis, so dont hinge "your" claim on that..just ask for benefits for any mental health disorder that a doctor may diagnose.  That way, you dont burn down any bridges before you cross them.  

     Also, dont rule out hiring an lawyer.  SOMETIMES you may be able to get one gratis.  For example, while my lawyer may not be COMPLETELY free, Im pretty sure I will get a $6100 Discount on lawyers fees, because my lawyer applied for and got that amount paid for by EAJA.  I will pay 20 percent of any retro over $30,500 which includes the 6100 discount.  

Edited August 28, 2017 by broncovet

[broncovet]

Attorneys are even more valuable and usefull than they used to be.  Why?  Well because most lawyers have, or can get access to your electronic claims file.  This is different than ordering a paper file which, by the time it arrives a year or so later is already out of date.  

Your lawyer should now KNOW what evidence the VA has and what they do not.  This is HUGE.  Previously, the lawyer got a copy of the RBA AFTER the board decision.  This put our lawyers at a distinct disadvantage, not knowing what was in the file.  

Attorneys can now apply for an access your file electronically.  You should hire an attorney who has taken the trouble to do this.  I wish I could tell you how many times a Vet has been denied because he thinks  "xx evidence" is in his file, while it isnt.  This can be fixed prior to the decision by simply submitting the applicable evidence.  However, after the decison you have a long process of reopening due to 38 cfr 3.156.  

[Buck52]

OTH can mean different  character discharge's

I believe the only way a veteran can not file a claim would be desertion &  declared unfit  for military service . (not meaning medically unfit)

jmo

Edited August 28, 2017 by Buck52