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HadIt.com Anniversary 24 years on Jan 20, 2021 ×


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HadIt.com Anniversary 24 years on Jan 20, 2021

Question

Hello,

My claim is being denied over and over again since 2009 and the VA states it is due to my OTH Discharge . Here is a rundown of the claim,

Bars to benefits per the VA:

1. AWOL more than 180 days

2. Acceptance of OTH discharge in-lieu of General Court Martial.

VA states no records indicate insanity at time of offense, nor compelling circumstances. I recently was made aware my mental health records from Fort Bragg do exist but for 12 years I was told they don't. Someone eventually informed me after countless calls that they do exist and cannot be released to me because of the sensitive information within and might me attempt suicide? 

I filled the supplemental claim October 28, 2019 with 4 "buddy statements", gave specific locations of these "clinical inpatient records from Fort Bragg", listed my current mental health treatment records from 2012 to 2019 and I am now seeing a VA psychiatrist at the mental health clinic in Tampa, FL 2019 to 2020. VA closed the supplemental claim Novemeber 20, 2019 after 23 days.

Called and requested a informal hearing via telephone with ST. Petersburg Florida RO, called 800-827-1000 and a represenative filled out VA Form 27-0820 on my behalf. Mysteriously the same supplemental claim "reopened" on VA.GOV Website and after speaking with a "Assistant Coach" as the man claimed he literally said my claim had no hope and to just give up cause your service is dishonorable. VA closed supplemental claim again December 13, 2019.

Fast forward to February 2020 and behold my long awaited clinical inpatient records from Fort Bragg arrive, My period of treatment was from August 1998 to February 1999, the records I got covered only November 1998 to February 1999. I was excited because I finally had the silver bullet and my records proved I had 9 different diagnoses, 52 days in the WOMAC Psych ward at Fort Bragg. Plus I was awaiting for a bed at medical holdover for a Physical Evaluation Board to wrap up my medical discharge.

Filed Supplemental claim March 10, 2020 with a clear and concise case that I was insane at the time of offense and 13 days later on March 23, 2020 claim closed again but here is the kicker they once again reopened the October 28, 2019 claim and as of yesterday March 31, 2020 they closed it again.

After speaking with a VSO who called on my behalf to inquire the reason, and no surprise it was the character of my service and once again they denied me even though I provided a legal brief that I learned how to write so they could understand every statue and regulation that applies to my claim.

Lastly, here is one more point I applied for a VA home Loan certificate and was denied which I knew I would be but wanted the character of service determination and I got the letter stating my character of service is sufficient for VA purposes, so go figure?

If anyone can please help me here I would greatly appreciate it, I am exhausted from staying up every night reading statues and VA regulations, I am about at the end of my rope.

Sincerely, yours

Frankie I.

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You may need to get a lawyer experienced with military discharge.  You may have to request a discharge upgrade. Fill out DD Form 149 and mail it to the correct address. It could take about a year or so.

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Posted (edited)

I agree with Pete992.  The VA has 500 lawyers, and you going after them with a VSO is like going to a gunfight with a squirt gun.  NVLSP represents clients wrongly denied for things like bad character discharge and the like.  Dont even think of not contacting NVLSP for help.  There is no charge to you for NVLSP laywers.  

The NVLSP has written the VBM, which lawyers use both for training attorney's representing Veterans, and even as a reference for experienced attorneys.  

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/board-for-correction-of-military-records-bcmr/

Edited by broncovet
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The NVLSP represents you without cost.  Its a non profit organization, and they get money from EAJA.  

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