Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

 

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.

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0

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.

Link to comment
Share on other sites

  • 0
  • Moderator

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
Link to comment
Share on other sites

  • 0
  • Moderator

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

Link to comment
Share on other sites



  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. 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.
       
    2. Knowledgeable 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.
       
    3. Use paragraphs instead of one massive, 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 too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a 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 of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • 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

  • VA Watchdog

  • 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

×
×
  • Create New...

Important Information

{terms] and Guidelines