I have a question that is on my mind right now. I was discharged with an OTH and filed a claim for upgrade to Honorable. Reason being, I want my GI bill benefits because I paid into it. I know I qualify for Voc Rehab but as you may know GI bill is better without as many rules and restrictions.

The review board denied my request for an upgrade first time around and I just put it aside while I handled my VA Comp claims.

My question is: Would it help my chances for an upgrade if I have medical evidence that I was mentally unstable at the time of my offense in the military? My psych as already stated I was likely in a manic state when I made a stupid decision that led to my discharge. You think this will help and should I go ahead and appeal and send in my medical evidence?

Thanks for any help, frank

Nothing beats a failure but a try. Go for it.

How long ago was your discharge? Time is of the essence. I think you need a lawyer for this. I tried to have my honorable discharge changed to a medical. I was granted a disability rating dating back to the day after discharge. I submitted a long letter from a VA shrink saying I was as crazy as a bed bug. The BCMR just laughed at me. They say there was no proof in the record I had a mental disorder that precluded me from service. That is what they look at being what was in your file at the time. There are lawyers who do these kinds of cases. It might be worth it.

thanks john, i'm gonna start gathering all the evidence and appeal. it's been about 11 years since discharge but if they upgrade me I have 10 years from upgrade to use my GI bill.

frank

This could certainly help-in my opinion.

I helped a vet in similiar situation.Not a OTH but a case where his personnel file showed first manifestations of his mental disability.But it was written up as an inservice discipline problem.

This helped his claim tremendously for direct SC at 100%.

But John is right- there are time limits and other considerations regarding filing with the DRB or BCMR and a lawyer could help you.

The medical statement you have shows inservice nexus for your disability which would help the claims process-if you have a claim in process like that now.

NVLSP advises- for OTH ,GD,or BCM discharges less then 15 years old-the DRB should be applied to with a DD 293-

Older discharges need a DD 149 filled out and sent to the BCMR.

And they advise getting a hearing.

These cases need the expertise of a good lawyer- familiar with handling them.

You have 50% now- did the VA already make a Character of discharge determination for you?