Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ads

  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • Advertisemnt

  • 0
Sign in to follow this  
Flyfishingnut

Bad Paper Discharge

Question

I'm presently working with a Vietman Veteran, who has a "under conditions other than honorable".  He has been receiving medical care from a VA Healthcare Facility.  When we tried to apply for Disability Benefits, he was denied.  During our search, we discovered that he has receive a "Pardon", from President Ford.  However, the VA, is refusing to honor this Pardon, and is refusing any Disability Rating.  We have appealed and they want him to come to WA., for a furture appeal.  We applied and asked for a teleconference appeal, and was granted.  We are waiting for a date/time.

Just wondering if anyone has any exprience with this sort of appeal, and any suggestions.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
1 hour ago, Flyfishingnut said:

I'm presently working with a Vietman Veteran, who has a "under conditions other than honorable".  He has been receiving medical care from a VA Healthcare Facility.  When we tried to apply for Disability Benefits, he was denied.  During our search, we discovered that he has receive a "Pardon", from President Ford.  However, the VA, is refusing to honor this Pardon, and is refusing any Disability Rating.  We have appealed and they want him to come to WA., for a furture appeal.  We applied and asked for a teleconference appeal, and was granted.  We are waiting for a date/time.

Just wondering if anyone has any exprience with this sort of appeal, and any suggestions.

I may be in the minority, but need to know what the BCD was for. This helps me reach a better informed decision.

Share this post


Link to post
Share on other sites
  • 0

The paper was for AWOL.  Exact number unsure.  The Veteran, did have time served in Nam, but his AWOL, was stateside.  Cumlitive was just north of 180 days.  His awards include NDSM, and Viet Service with 2 Bronse Stars.

Any advice would be greatly appreciated.

Thanks

Share this post


Link to post
Share on other sites
  • 0

If you google 'Bad paper veterans" a lot will pop up such as:

https://www.militarytimes.com/veterans/2018/01/26/dod-va-team-up-on-new-tool-to-help-with-bad-paper-upgrade-applications/

If you google Bad paper veterans hadit.com more will pop up as we have discussed thia situation many times here:

 

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

This also might help

President Ford issued a clemency program that ran from Sept 1974 to March 1975 that affected draft dodgers.

 

"The Pentagon has said there are 93,250 deserters, of Which 10,115 are fugitives and 83,135 were discharged from the military service with undesirable, bad conduct or dishonorable discharges. Of the total, 19,144 took part in President Ford's clemency program.

That leaves 74,100 deserters uncovered either by Mr. Ford's clemency or Mr. Carter's pardon. About 4,550 deserters are still fugitives, but about 69,550 are back in civilian life with discharges under other than honorable conditions, which has made it hard for them to get jobs and ineligible for veterans’ benefits.”

https://www.nytimes.com/1977/03/11/archives/issue-and-debate-the-dispute-over-amnesty-for-deserters-a-legacy-of.html

However this fairly recent  BVA case might help:

This recent BVA decision mentions the pardon from President Ford.

"CONCLUSION OF LAW The character of the appellant's service does not constitute a bar to VA benefits. 38 U.S.C.A. §§ 101, 5107, 5303 (West 2014); 38 C.F.R. §§ 3.1, 3.12 (2014)."

https://www.va.gov/vetapp15/files1/1500467.txt

 

Did the VA make  a Character of Discharge decision which he is on appeal for?

If so would he permit you to scan and attach the decision as to why they denied and what Evidence they used?

(Cover his C file, name, etc prior to scanning it)

A personal note-have you see the veterans SMRs and 201 personnel file?

Favorable Character of Discharge decisions do not happen often.

Sometimes there are many factors for AWOL, and as the BVA case above shows the veteran had a sort of 'buddy statement '(March 1969 "Commander's Inquiry of AWOL Soldier).

I have dealt with a few cases like this -one was easy- a Period of Honorable Service followed by an OTH , for a separate period of  and the vet also had a pardon from President Carter.They were granted an HD  for both periods of service.

Easy- the others , at some point, had no basis nor any evidence that could overcome their bad paper.

These were DD discharged vets who had done nothing or would not take the steps via BCMR or anything I advised to get their records corrected. I guess they expected I knew of some bad paper miracle.

In another case, a widow here (on the older hadit board)contacted me by email ( My email is no longer available here) and she told me her story- a very long rendition- and I asked to see the veteran's DD214 and death certificate.Her DIC claim had been denied. She couldn't attach them in the email but did attach a VA decision.

He had died in prison , incarcerated because he had stolen money from the Military. No DIC possible there.

My point is- you need ALL the facts on this situation, and I assume you seen the veteran's DD 214 and anything he has received from the VA.

It is possible to get his discharge changed but it will not be easy if VA has already denied the Character of Discharge. I have even seen the VA determine a OTH was in fact a Dishonorable discharge. for VA purposes..

There are other decisions at the BVA web site regarding President Ford clemency pardons.

This vet was covered by the pardon but BVA found:


 

"2.  The actions that led to the appellant's discharge from service, including multiple periods of absence without leave (AWOL), constituted willful and persistent misconduct."

"ORDER The character of the appellant's discharge from service is a bar to entitlement to VA benefits and the appeal is denied."

https://www.va.gov/vetapp17/files2/1707308.txt

If you go t the BVA web site, and click on their search feture and put President Ford Pardon in the search feature other decisions will pop up.

The denied claims will reveal as much info on this issue ,as the awarded claims will.

 

 

 

Edited by Berta

Share this post


Link to post
Share on other sites
  • 0

There are historical precedents for the executive use of the clemency power to correct perceived wartime injustices. On September 16, 1974, President Ford issued a proclamation pardoning individuals who had evaded the draft for the Vietnam War in violation of the Military Selective Service Act or who had deserted their troops in violation of the Uniform Code of Military Justice between August 1964 and March 1973.24 In order to receive pardons under the proclamation, the “draft evaders and military deserters” were required to present themselves to a U.S. Attorney before January 31, 1975, execute agreements acknowledging allegiance to the United States, and engage in two years of alternate service under the Director of Selective Service, unless mitigating circumstances counseled in favor of a shorter period of alternate service.25 The proclamation stated that members of the Armed Forces who applied for pardons would receive undesirable discharges until they completed their alternate service, at which point they were eligible to receive a “clemency discharge” in lieu of an undesirable or OTH discharge.26 The proclamation established a Presidential Clemency Board by Executive Order to review the records of draft evaders and individuals who had received punitive or undesirable discharges.27 By the end of President’s Ford’s tenure, approximately 19,000 veterans had applied for clemency.28
 
The effects of President Ford’s clemency program were limited, as the proclamation expressly granted clemency discharges rather than honorable discharges and stated that clemency discharges “shall not bestow entitlement to benefits administered by the Veterans Administration.”29 To address the program’s limited impact, President Ford issued a memorandum on January 19, 1977, that directed the Presidential Clemency Board to grant honorable discharges to veterans “who were wounded in combat or who received decorations for valor in combat in Vietnam and subsequently received [OTH] discharges,” absent a “compelling reason to the contrary in any case.”

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines