Must I speak about...?

[HTVnerd]

I’m submitting a claim for Somatic Symptom Disorder with Mood & Anxiety as secondary claim to knees & tinnitus already service connected. I’ve been disabled many years because I can’t work.  I’m getting a Nexus letter from independent mental health and there form is asking about legal history & drug use. My scenario is I was court martial for urinalysis for drug use, yes they made an example out of me 30+ yrs ago, so i did 6 months in the stockade but was not kicked out. I elected to get out on a General Under Honorable because I was reduced to E-1. I don’t want to bring this up in my nexus or C&P even though in my vulnerable state one day the VA social worker put in my medical records that I was court martial for urinalysis. Do I have to mention it or keep shut?! It’s so stinking stressful because I’m ashamed of it all these years. My career was blown. 
 

Thank you. I appreciate your input. 

[brokensoldier244th]

It will be seen anyway. Part of pulling federal records file a disability claim is your ompf. General under gingerly isn’t a bar to benefits though. If you don’t tell them we’ll see it in the court martial Proceedings anyway. 

[HTVnerd]

24 minutes ago, brokensoldier244th said:

It will be seen anyway. Part of pulling federal records file a disability claim is your ompf. General under gingerly isn’t a bar to benefits though. If you don’t tell them we’ll see it in the court martial Proceedings anyway. 

1- What is ompf?

2- Yeah I’m already receiving benefits. But my question was will the C&P or rater try to claim my mental health NOW is due to my urinalysis 30+ yrs ago in service rather than the real symptoms connected to my service connections? 

I’ve heard some decisions get denied because of the past and in my case it wasn’t abuse it was a party weekend where I was essentially setup but that’s another story. 

[HTVnerd]

1- What is ompf?

2- Yeah I’m already receiving benefits. But my question was will the C&P or rater try to claim my mental health NOW is due to my urinalysis 30+ yrs ago in service rather than the real symptoms connected to my service connections? 

I’ve heard some decisions get denied because of the past and in my case it wasn’t abuse it was a party weekend where I was essentially setup but that’s another story. 

 

[GBArmy]

HTVnerd As broken said, your general discharge isn't, or hasn't prevented you from getting a VA disability. Not to worry. Do a good job in submitting sound evidence for your claim; that's what should be your main concern. What happened 30 years ago can't be changed. What happened in the past is in the past. I would even suggest that the Army board realized you were given a tough sentence and that is why you received a General. There is no judging going on here. Go forward and good luck.

 

 

[pacmanx1]

5 hours ago, HTVnerd said:

 I’m getting a Nexus letter from independent mental health and there form is asking about legal history & drug use.

I am not a medical professional but in some cases your nexus letter could address this issue as self medicating if this incident was after your knee and tinnitus began or if you continued to use drugs or alcohol after your knee or tinnitus began.

4 hours ago, HTVnerd said:

Yeah I’m already receiving benefits

If you are already getting benefits it should not be a major concern. Keep in mind that your Medical Nexus Rationale will be key to getting service connected.