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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.
I separated from active duty service in the Air Force with in 2010 and had undiagnosed non-combat military connected PTSD with alcohol use in remission (According to my VA disability paperwork which puts me at 50% for ptsd.) This was granted the beginning of last year. I recently put in to have my discharge upgraded to honorable from general and have yet to hear back from them. (E-benefits say maybe I'll hear about it early February 2018.)
There were a few selfmedicated incidents with alcohol that happened while I was active duty that resulted in going into a civilian rehabilitation facility, a perscription to an antidepressant, and a lot of suicidal ideation I recently admitted in my paperwork to the review board that I was afraid to admit to my command because they would do things like write someone up for a sunburn (destruction of government property), or purposefully keep spouses apart by writing one up for something they didn't do and keep them from going during their significant others' PCS (because someone else did it to them for five years and "they turned out fine"(There was no way to prove otherwise.)).
I was recently reading about medical retirement from the military. It's a little confusing. I was wondering if there was a way to submit for reconsideration and medically retire from the military after separation?
What happens when a vet with an Other Than Honorable discharge is rated at 100% Total & Permanent based off an earlier service period?By xBLAKKx
Do they qualify for a retiree ID?
Do they qualify for PX & Commissary privileges?
Do they qualify for state benefits for being rated 100% P&T? Even if their DD-214 states Other Than Honorable?
See Attached!! ~Wings
SUMMARY: The Board of Veterans' Appeals (BVA), Department of Veterans
Affairs (VA), is announcing an opportunity for public comment on the
proposed collection of certain information by the agency. Under the
Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to
publish notice in the Federal Register concerning each proposed
collection of information, including each proposed extension of a
currently approved collection, and allow 60 days for public comment in
response to the notice. This notice solicits comments on the
information needed to clarify actions taken by the agency of original
jurisdiction regarding a claimant's disagreement with his or her rating
DATES: Written comments and recommendations on the proposed collection
of information should be received on or before April 30, 2012.
ADDRESSES: Submit written comments on the collection of information
through Federal Docket Management System (FDMS) at www.Regulations.gov
or to Sue Hamlin, Board of Veterans' Appeals (01C), Department of
Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420 or email
email@example.com. Please refer to ``OMB Control No. 2900-0674'' in any
correspondence. During the comment period, comments may be viewed
online through FDMS.
2012-45871 NOD Clarification.PDF
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,
This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.
VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.
Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.
You all made that possible. Thank you.