Service connection for treatment purpose only...no benefits

[thomasjackson]

Four and half years into my five year enlistment I pleaded guilty to possession of steroids and obstruction of justice, did 60 days in brig. I had an amazing career full of awards and promotions so, with an OTH discharge, I thought the VA would view my service as honorable for VA purposes. The VA denied benefits for "willful and persistent misconduct". My lawyer joked that the since the military doesn't define willful or persistent it's difficult to challenge their decision. Here's the confusing part.

My decision letter states under the DECISION section "service connection for treatment purposes only for...is granted" for 10 of 13 conditions. The next section, REASONS FOR DECISION, states the same thing for each condition with the addition of "is granted...because the records show condition related to active duty service, which there is a regulatory bar to payment of benefits. Compensation is not payable for this condition."

The WHAT WE DECIDED letter says "you are not eligible for any VA benefits...only veterans with honorable service are eligible." The next sentence reads "You may be eligible for treatment at a VA hospital for any condition determined to be related to your military service."

I've been sitting on these letters for a year since I haven't needed treatment for the joint conditions. My girlfriend goes to the VA all the time and brought my letters by the registration desk. The staff member reviewed the letters and said I had coverage for treatment. I registered online for the VA and never got a phone call or welcome letter. Customer service just told me it's because I don't have any benefits.

Bottom line. I was excited to have treatment coverage even without any disability payments. I got customer service saying NO, the VA hospital registration saying YES, and the VA letter saying MAYBE. 

[Buck52]

Not sure how to help you but I can let you know what I'd do if this was me

I 'd take what letters the VA sent you that shows your eligible for medical treatment but not benefits ,and your needing medical treatment,  so take what you have to the VA Medical Center along with your ID and DD 214. & apply for medical treatment.

Have you ever tried to upgrade your Discharge?  I believe you can do that   to help you get other benefits ...I believe  hadit has something on that !!!

  just do a Search for upgrades to OTH Discharged .

Other members hopefully will Chime in.

Good Luck to ya .

 

 

....

[CaravanDan]

Been there done that young man... Be prepared for a long drawn out fight as we are considered the Bottom of the barrel when it comes to get any treatment from the VA. First thing you need to do is find a VSO to file a Claim for service connected disabilities or file yourself.. Finding a VSO may not be that easy.. Took me YEARS to find one.. Once you file your claim if anything like mine will take YEARS to get a decision.. and don't be surprised your claim gets lost also.. You also may want to find support of a Congressman or Senator as they may help speed up the Years your claim will take.. My claims I had a Senator get a Congressional liaison to make them give a decision.. now mind you mine were in over 6 years to make that happen and they had a limited time to answer and ALL my conditions were service Connected except ONE that they said they needed more time,, well that claim to this day 12 years going on 13 hasn't been answered.. last we heard they said there is no Claim so they must tossed it in the paper mulcher.. I have an attorney now that's working on it.. That may be who you want to contact also is attorney..

[broncovet]

You are likely going to need to get a "discharge upgrade" in order to get benefits.  These are sometimes granted, especially if you felt the taking of these self medications was necessary to perform your military job.  

You would be amazed at the number of people who self medicated with alcohol, for example, and would up getting their benefits, but only after a fight.  If the decision is within a year, the procedure is to file a nod, and dispute your discharge at the same time, that is, apply for a discharge upgrade.  

You can contact the NVLSP, they may assist you with a discharge upgrade:

http://www.nvlsp.org/what-we-do/lawyers-serving-warriors/assistance-with-discharge-upgrades-for-veterans-from-all-eras/?gclid=CjwKCAjw54fdBRBbEiwAW28S9gvYrJMfDAFyL6P87pfk9bP3Cz1xSr-YmbkYuuTa-7qj9zWvlSRJ_BoCcswQAvD_BwE

[kanewnut]

14 hours ago, broncovet said:

You are likely going to need to get a "discharge upgrade" in order to get benefits.

This I don't understand. Isn't it in the regulation in black and white whether you qualify or not? This is what I hate about the whole process, too many - you are likely to need -