Bad Paper Discharge

[Flyfishingnut]

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.

[LongTooth]

I recently had to overcome this obstacle myself. I have an OTH and I'm also fighting a VA claim. I recently completed the character of discharge process successfully. Initially they had me over the 180 day limit which wasn't true and easily disproved. I did, however, have to argue that my pattern of AWOL's was not a pattern of willful misconduct but rather signs of mental illness the military did nothing to address despite being asked. I have an attorney and at the time of the DRO hearing I also had a therapist, not a Psychologist or Psychiatrist, but an LCSW. Both of these people as well as my girlfriend walked into the DRO hearing. The attorney refuted the math and all the legal reasons for the denial. My therapist argued my insanity during the time period in question due to external factors and pressures. The DRO reached a favorable conclusion and now I'm twiddling my thumbs waiting for a C&P exam date to show up.