Supplemental Claim DEBACLE, Need help!

[shotgun]

Can someone please tell me this is normal for the processing of VA supplemental claims?

October 28, 2019 I submitted my supplemental claim with the locations of new and relevant evidence and four buddy statements if you will, the VA closed it on November 20,2019 with out explaining why. I submitted a VA Form 27-0820 to request an informal conference via telephone to explain why? While waiting for the call the claim magically re-opened and after the call with the idiot who's only answer was not eligible over and over. The claim closed again on December 13, 2019. 

So I waited for my missing mental health records to arrive to submit them on the next supplemental claim. March 10, 2020 I submitted it, the most easiest to read legal memo ever with OVERWHELMING evidence to prove insanity and settle this once and for all. March 23, 2020 they closed it without contacting me again, didn't even schedule a C&P. Like I needed one anyways because I've been seen by mental health doctors since 2013 for the same thing(So I think), plus I am currently under a VA Psychiatrist and she diagnosed me likewise. The claim magically again appeared on October 28, 2019. The very next day March 24, 2020 it was on VA.GOV and then on March 31, 2020 it was closed and finally they mailed an administrative decision outlining the evidence used in making this determination I'm not eligible because of my character of service(AWOL 180 days or more) . Well in the list of evidence used it had everything except my new evidence, the most important evidence. Furthermore this evidence proves 9 diagnoses, over 70 days in the WOMACK psych unit and the paperwork for a medical discharge from Fort Bragg. Also the last seven years of private medical records including my current VA treatment. 

 

Can someone explain this madness. By the way I have submitted my higher level review on April 1, 2020. Thanks any advice would be great.

 

[GBArmy]

Shotgun I think that it wasn't handled correctly but that said, you were denied because of your character of discharge. You are not eligible currently because of "dishonorable." See https://www.benefits.va.gov/benefits/character_of_discharge.asp  I strongly suggest that you start immediately to get a reconsideration on your discharge status.If your str's show your AWOL etc. as a direct reflextion of your mental health, you may get it changed. Do you have copies of your medical records? If not, start the process immediately. If here on Hadit on obtaining them. Keep at it; get some help if you need to. 

[brokensoldier244th]

Review of Discharge from Military Service

Each of the military services maintains a discharge review board with authority to change, correct or modify discharges or dismissals not issued by a sentence of a general court-martial. The board has no authority to address medical discharges.

The Veteran or, if the Veteran is deceased or incompetent, the surviving spouse, next of kin or legal representative, may apply for a review of discharge by writing to the military department concerned, using DD Form 293, “Application for the Review of Discharge from the Armed Forces of the United States.” https://www.woundedwarrior.marines.mil/Portals/213/Docs/IDES/dd0293.pdf?ver=2017-09-05-114320-643

However, if the discharge was more than 15 years ago, a Veteran must petition the appropriate Service’s Board for Correction of Military Records using DD Form 149, “Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552.” A discharge review is conducted by a review of an applicant’s record and, if requested, by a hearing before the board.

Discharges awarded as a result of a continuous period of unauthorized absence in excess of 180 days make persons ineligible for VA benefits regardless of action taken by discharge review boards, unless VA determines there were compelling circumstances for the absence. Boards for the Correction of Military Records also may consider such cases.

Veterans with disabilities incurred or aggravated during active duty may qualify for medical or related benefits regardless of separation and characterization of service. Veterans separated administratively under other than honorable conditions may request that their discharge be reviewed for possible re-characterization, provided they file their appeal within 15 years of the date of separation. Questions regarding the review of a discharge should be addressed to the appropriate discharge review board at the address listed on DD 293. 

Edited April 14, 2020 by brokensoldier244th

[Berta]

" Furthermore this evidence proves 9 diagnoses, over 70 days in the WOMACK psych unit and the paperwork for a medical discharge from Fort Bragg. Also the last seven years of private medical records including my current VA treatment. "

 

Did they list the medical discharge info as evidence?

What was the diagnosis for the medical discharge?

Can you scan and attach here their recent  denial? To include the evidence list?

Cover your C file ,name address prior to scanning it.

You said:

"March 10, 2020 I submitted it, the most easiest to read legal memo ever with OVERWHELMING evidence to prove insanity and settle this once and for all. March 23, 2020 they closed it without contacting me again, didn't even schedule a C&P. "

Did a lawyer or MH doctor write that memo?

Unfortunately, ( we had a similar situation here recently) and all of the research I did for what the vet needed to do, is gone---I think somehow the vet was able to delete  the responses I made as well as his posts. He never returned.

The problem was, he gave us one reason for the VA denial here on line  but I asked him for his BVA docket #and he didnt post it, but I found it in mere seconds at the BVA. He wanted to file CUE on it.

He verified it was his BVA denial and was upset with the fact that I found out why the VA considered his discharge as Dishonorable. Many lawyers told him the same thing I did, there was no basis for CUE in the decision. 

I might have my responses to him somewhere- if I find them they will help you, when we see the decision.

My long point here that we need more info.

 

We have other posts here , available under a search , under bad Paper", and Character of Discharge.

 

[broncovet]

You are gonna have to wait for the envelope, but, of course, if you have a "bad paper discharge" THAT will need to be fixed before you can get benefits.  

My advice is to contact NVLSP, they know how to deal with bad paper discharges, some of those are about bad behaviour due to PTSD.  Go here now:

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/assistance-with-discharge-upgrades-for-veterans-from-all-eras/?gclid=CjwKCAjwvtX0BRAFEiwAGWJyZHjNvusKSuUnI9ipigXzAxZP6GB5jREgrTlDNdsncTprHx4NUem94xoC16oQAvD_BwE

It sounds like you need help with your discharge.  Read this, then contact NVLSP.  

NVLSP indicates there is no charge to Veterans for their service on bad paper discharges.  (Pro Bono)

Since you indicated treatment by a psychiatrist, I can not stress enough you need to contact NVLSP.  This is too hard to go it alone.  Hopefully you have a dd214, as mentioned by NVLSP website.  

Edited April 14, 2020 by broncovet

[brokensoldier244th]

It comes down to discharge characterization and dates/types of service. If that bar is not met during initial claim development then you wont be considered a Veteran by VA. Unfortunately that is what the regs are. You need to get your COD changed and VA can't do that. Its got to go to the Service Board for that. 

 

https://www.va.gov/discharge-upgrade-instructions/

Edited April 14, 2020 by brokensoldier244th

[shotgun]

GBARMY,

Thanks, I appreciate it and yes I have read about the VA's Character of Discharge and getting it upgraded. I filed with the ABCMR about 8 months ago awaiting their decision. I have about 90% of my mental health records from Fort Bragg. What I do have is overwhelming to say the least. The angle I am pursuing while I await a decision is my character of service, the VA cannot change nor upgrade a service members discharge but they can make a determination on the character of service for VA benefits. The VA determined it was "dishonorable" for VA purposes and denied compensation. Furthermore they contradicted themselves because I applied for a VA home loan and they determined my character of service was sufficient and I used the very same evidence for each. They are both are under the VBA not separate but it's obvious the game their playing, deny, deny, deny until it lands on someones desk that understands the Code of Federal Regulations and VA regulations.