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

[Berta]

Yeah- they have to do a rating decision.

That was an odd "award" Letter that you got-it might be good idea to check you bank account maybe every few days-- I used to get VA treasury cash in my bank account or by check, before I even got their decisions.But I think you can expect something on the 1st of Sept-

I hope....

 

[Rattler]

Cross your toes Berta for me. I hope so too. With my experience with the Montgomery, AL VA I'm not holding my breath. I am going to post another Question in a different part of t6he forum that Relates to 100% extra schlager.

[Rattler]

Ok so I get this letter (attached hear) that pre-dated the other decision letters. (7-27-21) So I am interested in what some of you think about it. I am wondering if there are some CUE errors in all of it. QUE #1 from what I know the following statement.

"The Veteran's discharge from the United States Army for the service period of July 27, 1976 to July 21,1977 is not a bar to the award of VA benefits. 38 U.S.C. § 5303(b); 38 C.F.R. §§ 3.12(b)."

Means that I am eligible for all the benefits. Not just Chapter 17 service connected health care as stated below.

"You are entitled to health care benefits under Chapter 17, Title 38 U.S.C. and 38 CFR 3.360(a) for any disability determined to be service - connected for active service from July 27, 1976 to July 21,1977"

You only get benefits under Chapter 17, Title 38 U.S.C. and 38 CFR 3.360(a) for any disability determined to be service - connected if you have a UTH discharge the the VA considered to be dishonorable.  (I spent 40 years getting screw that way.)  They keep stating.

"In this case, you were declared insane at the time in question. (38 CFR 3.354) Following review of the evidence of record, showed sufficient reason why the bars to benefits imposed under 38 CFR 3.12 should be set aside in your favor. In the absence of any additional evidence, it is therefore determined that your discharge from the period of service from July 27, 1976 to July 21,1977, was under honorable conditions for the purpose of eligibility for VA benefits and is therefore not considered a bar to benefits under 38 CFR 3.12(b") 

"You are eligible for health care benefits only for medical conditions found to be service-connected under the provisions of Chapter 17, Title 38 U.S.C. for this period of service."

This has got to be a QUE error. 

The fact that the VA has failed to rated me for any kind of menial heath issue makes me think the VA is trying not to rate me or lowball the ratting. In the "Decision Review Officer Decision 7-1-21" they state.

"Base on review of the evidence, the history provided and examination findings; the examiner determined it is at least as likely as not (50% or greater probability) that the appellant was insane, per the aforementioned VA regulation, at the time he committed the offense leading to his discharge from service, absence without leave (AWOL) from March 31, 1977, to June 21, 1977."

My experience helping other Vets upgrade the % ratting in VA speak (50% or greater probability) means 70%. The two questions I have are. 1. Is the VA trying not to rate me because of the type of discharge. 2. I have read somewhere else in the forums where people think because some of the claims like mine that go back some time the VA is doing stuff like this to try and not pay the 3 years of back pay

RattlerLtr ADMINISTRATIVE DECISION CARTER OF DISCHARGE 7-27-21 REDACTED.pdf

 

 

[Berta]

It appears that they are not following the Remand- at all!

I cannot open the DRO decision-

Did you also attach any evidence list that was in this decision?

I am in a cloud ( live at high altitude-on a satellite access- will try later to open it)

VA stated :

"You are eligible for health care benefits only for medical conditions found to be service-connected under the provisions of Chapter 17, Title 38 U.S.C. for this period of service."

Did they give any other legal citations at all for that statement?

 

 

 

 

[Berta]

I think this is the way the BVA looked at your claim-but this is my opinion, after thinking about this a lot-and I hope others will chime in....

what the BVA saw was the "insanity" diagnosis, and states that some inservice  records still need to be obtained ...

the it all changed due  New and Material evidence---your diagnosis and treatment of PTSD due to MST.

You were not INSANE_ you have PTSD!

Who woudn't have PTSD from inservice MST!

I was finally able to open the DR0 decision- the DRO only listed the evidence as this:

 

VA Medical Opinion dated June 24, 2021
•Electronic claim file reviewed (Meaning to me the C file without the results of what the remand called for)

The downloads helped me to get a better picture of this----so far the DRO committee a CUE under 38 CFR 4.6

 

§ 4.6 Evaluation of evidence.

"The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

38 CFR § 4.6 - Evaluation of evidence. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

But I have to think about something else-this involves more than one CUE I think---

I need to read all of the downloads again and think about what the best plan of attack would be.

I also need to determine what was actually in VA's possession at the time of the DRO decision-

others will chime in, I hope-and I know this is a sensitive issue for you-but sadly, there are many service men and women who have PTSD from MST.

And some cannot prove it. And some suffer from it and never claim it at all.

 

 

 

 

 

[Berta]

PS the 30 day SSOC deadline has passed but you can opt in to the AMA- however a CUE can be filed sooner than later- and there is no deadline for CUE.

Do not let anyone tell you that you cannot file CUE on a recent decision.

I had those regulations changed myself by writing to former VA Secretary David Shulkin.

They are in M21-1MR- and under the AMA a Higher Level Reviewer will act on the CUE, if no other appeal lane you choose ,reverses the decision under CUE.

The VA can and will pull this BS on any vet they can------

You even helped me.

I got a BVA award in 2010 and VA never rated my dead husband's misdiagnosed DMII but granted many ancillary benefits to include REPS and a partial refund of my tuition at AMU.

I am going to force them to rate the DMII. 

I Strongly suggest that on Monday you call the White House Hot Line and tell them how this VA failed to follow a BVA remand, before they made a denial.

And ask them for a copy of the last VA exam you had on June 24, 2021

855-948-2311  President Trump's White House Hot Line.