Jump to content
  • 0

Help for fellow veteran



Help! Veteran friend is Desert Storm vet, diagnosed with PTSD.  The bad.....  He has a general discharge under less than honorable conditions.  He went AWOL for a short period of time after Desert Storm when his dad was diagnosed with cancer.  The problem is that he was authorized to receive mental and physical care at local VA and has been going for the past 15 YEARS!  ..with no problems.  I encouraged him to to file a change bin Character of Service with the VA and DOD bc of war related PTSD.  He has not filed, yet.......but started gathering evidence for this claim.  Today, he gets told by local VA, the very one he has been going to 15+ years now, that he can no longer use them bc of his discharge.  His mental health and medical health are bad.  He has no insurance and has been getting all meds, live saving meds, thru the VA.  Question...... Can they just cut him off like this???????  We will continue to work on a claim to, hopefully, change his character of service BUT......he is terrified and needs his medications!!  Any advice?????  Thank you all!!!

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Subscription Holder

Hello and welcome,

It sound like the VA has messed this up bad.  First thing first you need to get them to file to get their discharge upgraded, and caused the issues for the bad discharge.  Without this going on you are just hoping someone will do something.  

Next I would contact your Local VSO and next I would contact the Reginal office.  I would explain the situation and see if they can send you in the right direction.  

Next I would call the 800# and find out if there is any direction they can give you.  

My point here is to keep calling anyone you can until they send you in the right direction.  The first step is to get that discharge upgraded as they do not have to do anything until that changes.  I am not saying they won't and you should not try, but it will be more difficult.  

I am hoping someone else has some better direction on here to send you in.  

  • Like 1
Link to comment
Share on other sites

  • 0
2 hours ago, 2oicclouds said:

Help! Veteran friend is Desert Storm vet, diagnosed with PTSD.

I am not trying to be insensitive, but you can lead a horse to water, but you can't force it to drink. The bottom line is the veteran will have to fill out the form to upgrade his discharge. While he can try to get some assistance from a social worker at the VAMC hospital, he is going to have to fill out the form and send it in. Now due the COVID-19 everything is moving a lot slower, and it may take even longer to get his upgrade.

DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552, May 2003. (pentagon.mil)

DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, August 2015 (pentagon.mil)

  • Like 1
  • Thanks 1
Link to comment
Share on other sites

  • 0
  • Moderator
Posted (edited)

Yes.  This is what he needs to do:

Contact NVLSP for help upgrading the discharge.  MANY PTSD Vets had "issues", thus the PTSD!  PTSD probably began before exit from service, thus the behaviour challenges.  

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/assistance-with-discharge-upgrades-for-veterans-from-all-eras/#:~:text=Request Assistance with Discharge Upgrades,a less than honorable discharge.


IN relevant part:



4. Who is eligible for assistance with a BCMR application through NVLSP’s Lawyers Serving Warriors® program?

All veterans who suffered from a mental disorder (such as PTSD or depression) in service that contributed to misconduct that resulted in an administrative separation with a discharge under Other Than Honorable Conditions (OTH). 

My opinion:  Dont, repeat, dont go to a VSO "at least" until/unless NVLSP declines to represent you.  Instead of a VSO, get a professional lawyer, which should cost you zero out of pocket. (NVLSP).  NVLSP are "pro's" at discharge upgrades, VSO's are not.  

However, confirm this with the NVLSP that you are eligible, at the link, above.  


Edited by broncovet
Link to comment
Share on other sites

  • 0
  • Patron

From what I read, less than 10% are successful.

I also read that you have to be committed to it, and want the upgrade because the OTH was unjust and your stellar life and career since your misstep have improved and you are now an upstanding citizen and want to contribute.  I also read that the board really is not concerned with your medical situation and is kind of turned off on that request.  So there is that.

Your friend needs to step up and figure this out on his own.  You're nice to be helping, but not with the OTH upgrade.  That's his and he needs to fix.

I also read, that there are different considerations for the amount of time AWOL, and they take into consideration how he preformed after he rejoined his unit, i.e., they like to see a letter from his Commander stating that he improved and was an asset to his unit.

So, your friend needs to step up,


Not sure how he got help from the VA up until now, but they do help sometimes.  The quick stop might mean there might have been some shenanigan's when he got his benefits.  So, there could be more to come in that regards. 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...

      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.

      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"

      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.

      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.


      Example for 2020 using the same disability rating

      1998 - Initially Service Connected @ 10%

      RESULT: Service Connection Protected in 2008

      RESULT: 10% Protected from reduction in 2018 (20 years)

      2020 - Service Connection Increased @ 30%

      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 58 replies
    • Post in New BVA Grants
      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.  
        • Like
    • 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!
        • Like
      • 18 replies
    • 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $6,103.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • 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