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Respond to the Va in 30 days

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Junior1182

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I received a letter in the mail from the Va stating that my claim is under review and that additional info will be needed in order to make a decision. I got out of the military on a Chapter 10 discharge. The Va is stating that no info can be found about my discharge anywhere. They’ve reached out to many different outlets and came up short with little to no information. The Chapter 10 was granted instead of going to a court martial. I’ve hired a lawyer to help me in this situation as far as clearing my name and helping my situation. I am confused and really need help.

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One more thought before I have to leave-

did you ever apply for SSA or SSDI?

VA told me ,after my husband died, that he had never been treated by the Newark VA.

He went there in 1983 for a VA business loan and came out with a PTSD diagnosis and a claim was filed as well as he also had a buddy statement from the Director of the VAMC- who was at the scene of a stressor my husband told him of while he was waiting to get arrested.......I told this all before-no arrest- and he had treatment there until he moved to where I met him.

I was at the SSA office ,before he died , and his records were stacked on a dolly- and he told the SSA person I could look through them if that was ok- at least 1/4 of the stack was from the Newark VA- I didnt need them for my claims anyhow-

my point- is there any entity anywhere that might-for some reason-like SSA-  have tried to obtain your military records and maybe never sent them back to NARA???

Have you been able to contact  anyone in your unit whose reords might also be missing?

VA has an enhanced Duty to Assist when records cannot be found- but your lawyer knows that-

I really dont know what they mean by enhanced- because their Duty to Assist is minimal- dont give up.

 

 

 

 

Edited by Berta
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A chapter 10 discharge is  an other than Honorable Discharge, since you had to request it in lieu of Court Martial and had to agree to plead Guilty to at least one charge.  I don't understand why you yourself cannot provide to the VA proof of such discharge. I know everyone is different but I have every piece of paper ever created concerning my military service, to include discharges, awards, letters etc....  I can't understand why you would not have kept proof of your discharge, especially concerning a  discharge that is a bar to VA Benefits. It seems to me your first concern should be to speak to a lawyer and inquire if your discharge could be upgraded before you worry about getting any benefits.  I find it almost unbelievable that you had an Honorable Discharge that was changed later ( without your knowledge) to an other than Honorable Discharge, Simply because a Chapter 10 discharge is only given for other than honorable service. The most you would have received was a general discharge under honorable conditions, and that just doesn't happen very often. 

 

 

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