UTH Discharge granted "honorable for VA purposes." after 40 years.

[Rattler]

I am writing this in hopes it will help someone who is in the same situation that I have been for over 40 years. I was discharged in 1977 in one of the Army's administrative quickie discharge programs for the 100,000 plus who were AWOL from Vietnam and other reasons. (My AWOL was 83 day and there is much more to the story than I care to put hear.) At the time I was discharged I multiple medical conditions that were ignored to speed the discharge. At the time of the discharge aside from the multiple medical conditions I suffered from PTSD due to MST. (This was unknown in 1977 as there was no PTSD or MST at the time.)  In 1981 the VA denied all benefits because of the discharge they said my service was issued for "willful and present misconduct." I did an Army discharge Review Board attempt to upgrade in 1981 and it was denied . (The PTSD due to MST was not considered as it did not exists than.) In June 2017 I was granted VA Mental Health treatment for PTSD due to MST. I am still receiving treatment.  I filed ageing in 2018 to have my Charter of Services changed due to the new diagnosed PTSD due to MST.  As must Regional offices do not know (or didn't know in 2018) how to properly handle PTSD due to MST. It has taken over three years to get the attached decision. It took 2 VA Regional Office denials and a Board of Veterans Appeals remanded to the Regional Office and 2 C & P Exams to get here.  The RO failed to rate me for the PTSD in its decision.  Why have I said all this? The point is no matter how bad it looks DO NOT GIVE UP.

I have decided to attach all the decision documents assorted with this claim. I have some renovations on posting Mental Health C & P Exams as there is a lot of personal information in them. But if it helps someone not suffer for 40 years of the VA BS than its worth it. The only document that isn't hear is the June 24, 2021 C & P Exam that the VA could not get around that lead to the win above. I will post it hear if when if ever the VA answers the FIOA request for it.

What's next?

I filed SUPPLEMENTAL CLAIM because they did not rate me on the PTSD

I filed a new claim for Knee injury's

I am in the process of filing a SUPPLEMENTAL CLAIM that dates back to the 1981 denial for shoulder an wrist.

Redacted VA Eligibly.pdf 3-2-21 BVA Remand Order to Montgomery RO Redacted.pdf VA Ratting Decision PTSD due to MST 5-20-20 Redacted.pdf Ltr 7-1-20 SUPPLEMENTAL STATEMENT OF THE CASE Redacted.pdf C & P Exam PTSD 5-6-20 Rebecca Yasunaga PhD VES Redacted-1.pdf 3-2-21 BVA Remand Order BVA Online Decision Review Officer Decision 7-1-21 redacted.pdf

Edited August 29, 2021 by Rattler767
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[Berta]

This is STUNNING News!!!!!!! Thank you for sharing this with us.

You gave everyone out there the BEST advice of all ---------NEVER GIVE UP!!!!!!!

You said "The RO failed to rate me for the PTSD in its decision."

Do you mean the BVA failed to rate you- they usually leave that up to the RO on Remand.

The downloaded letter says they included some other info on your entitlement start date and payment info.

Did they send that info to you? It says they sent you the Rating Decision.

Your Comp will begin on Sept 1st,2021,..... I hope.

Are you employed? 

Have you ever applied for and been awarded SSDI ( Social Security Disability Insurance ) for PTSD?

Do you feel comfortable in scanning and attaching the Rating sheet here ( Redact C file #  name, address prior to scanning it.

BVA Remands are public, at the BVA site -but they  give no identifying info on the veteran.

Can you tell us your Docket # and Citation # for the Remand?

This is an extraordinary award- I commend you highly- I see you have no POA- did anyone help you get through this claims process? 

You might want to consider getting a POA at this point....only because it make make it easier to deal with your VARO.

What a POST!!!!!!!!!!!!!!        Thank you for your perseverance!!!!!!!!  40 years and now VICTORY!!!!!!. 

 

 

 

 

 

 

[Berta]

To add, I believe I have found the Remand at the BVA.

Are you comfortable with me posting the BVA  link to the decision here?It holds no identifying into

Of course it might not be your remand and I would need to verify with by PM , if it is yours.

I will send you a PM- the PMs are shown with a little envelope at top right of the page, where your profile is. They are personal PMs.

 

[john999]

You know when I was discharged from the Army in 1971 I had been hospitalized for what they called "Depression and Anxiety".  There was no PTSD diagnosis at the time.   Given this the Army discharged me as being "Unsuitable" which was a general under honorable conditions.  I  almost instantly applied for a Honorable Discharge and I got the upgrade.  I went to a Board with military and civilian judges.  I had a terrific advocate who explained the wrong that had been done to me.  Back in the day if you had any sort of emotional problems after Vietnam you would be getting a "Personality Disorder " type discharge.  Thousands of vets were screwed to the wall by the military because they thought you might apply for a medical discharge and ask for money.  I will never forgive the Army for the screw job, but I prevailed just as you did.

[Rattler]

6 hours ago, john999 said:

You know when I was discharged from the Army in 1971 I had been hospitalized for what they called "Depression and Anxiety".  There was no PTSD diagnosis at the time.   Given this the Army discharged me as being "Unsuitable" which was a general under honorable conditions.  I  almost instantly applied for a Honorable Discharge and I got the upgrade.  I went to a Board with military and civilian judges.  I had a terrific advocate who explained the wrong that had been done to me.  Back in the day if you had any sort of emotional problems after Vietnam you would be getting a "Personality Disorder " type discharge.  Thousands of vets were screwed to the wall by the military because they thought you might apply for a medical discharge and ask for money.  I will never forgive the Army for the screw job, but I prevailed just as you did.

john999 that is exactly what is now call PTSD now. I after all I've been through I still have a love for the Army. (Must be the PTSD Talking) And would go in again with out the BS. The Army I went in was in transition from Vietnam and is not the latter one that kind of got better. In my case it was the Co. CO who was the problem along with some NCO's.

[Rattler]

9 hours ago, Berta said:

This is STUNNING News!!!!!!! Thank you for sharing this with us.

You gave everyone out there the BEST advice of all ---------NEVER GIVE UP!!!!!!!

You said "The RO failed to rate me for the PTSD in its decision."

Do you mean the BVA failed to rate you- they usually leave that up to the RO on Remand.

The downloaded letter says they included some other info on your entitlement start date and payment info.

Did they send that info to you? It says they sent you the Rating Decision.

Your Comp will begin on Sept 1st,2021,..... I hope.

Are you employed? 

Have you ever applied for and been awarded SSDI ( Social Security Disability Insurance ) for PTSD?

Do you feel comfortable in scanning and attaching the Rating sheet here ( Redact C file #  name, address prior to scanning it.

BVA Remands are public, at the BVA site -but they  give no identifying info on the veteran.

Can you tell us your Docket # and Citation # for the Remand?

This is an extraordinary award- I commend you highly- I see you have no POA- did anyone help you get through this claims process? 

You might want to consider getting a POA at this point....only because it make make it easier to deal with your VARO.

What a POST!!!!!!!!!!!!!!        Thank you for your perseverance!!!!!!!!  40 years and now VICTORY!!!!!!. 

 

 

 

 

 

 

Berta This is the part I don't know the way I got the attached letter is I call 800 Betty and because it had been more than 12 days from when they mailed the letter so they faxed what you see to me.  I thought the RO would have done a ratting decision so to cover all the basis I file a 20-0995 supplemental.