HadIt.com Elder Josephine Posted December 3, 2007 HadIt.com Elder Share Posted December 3, 2007 (edited) Hi to all, I am back at it again. Gosh, I never thought that I would have to prove that I was sane before service. I have to go back to the years before 1964 and most of you weren't born then. I spoke to David Barrans, Attorney, Office of General Counsel concerning this regulation. VA’s regulation implementing the presumption of sound condition, 38 CFR 3.304( I am not putting those little faces in this. It is susposed to be a (B) This is what he said to me, " Everyone is considered to be in sound condition as noted on the enlistment form and it would take "Clear and Unmistakeable Evidence " to rebut that soundness. This is a complicated mess in my mind as the C&P states a Board of Two and now that went out the window, we are back to one ( lady????) psychiatrist with her last addendum. The etiology of her anxiety appears to have preceded her time in service. What is " Clear and Unmistakable Evidence"? He said that he couldn't solve my claim for me, but he could quote the law, as I just typed. Berta, Anyone, what would have to be in my records for anxiety to precede service? I can't go under aggravated, because, I never had anxiety or nervouness until that swimming pool. I only saw the doctor a couple of times before service, once for a bladder infection and once for strep throat. That is it. I was never ill or in need of a doctor. I had a regular dentist and regular eye doctor, but not a regular doctor. I remember being told that we ( the family) was quarantined by the Health Department for " Scarlet Fever". I was about 3 years of age at that time. I put on my enlistment papers. I had had the Scarlet Fever, Measles, a penicillin shot, and I guess that was for the strep. I remember in the 1950's our whole school was given Polio shots and that is it. Things were different in my time period. My mother knew what the chicken pox were and my parents knew how to pour that old iodine and that old burning bottle of stuff on my scrapes. I did find out today, that my claims file has made it back to the rater and the answer should be within 30 days. I am just trying to gain some insight. Thanks and Always Appreciate all you and your Time and Knowledge, Josephine (Betty) Edited December 3, 2007 by Josephine Link to comment Share on other sites More sharing options...
carlie Posted December 5, 2007 Share Posted December 5, 2007 I agree - the condition was not previously documented, and you have not posted a laundry list of mental health symptoms prior to enlistment, as a few others have done, sooooooooo -- there is no aggravatation. jmho, carlie Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
hurryupnwait Posted December 5, 2007 Share Posted December 5, 2007 You guys are something else. I am glad there are some on this board who lived the good old days as I did. I am thankful my mother hated castor oil, so she didn't give it to me. I got castor oil and tincture of methiolade, can't spell it right, must still have an adversion When I count my blessings I count my family and friends twice. If you don't know where you are going, any road will get you there. Well done is better than well said. Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted December 5, 2007 Author HadIt.com Elder Share Posted December 5, 2007 I got castor oil and tincture of methiolade, can't spell it right, must still have an adversion Paul, I am so pleased that my mother had her feel of castor oil and never gave it to me. That old stinging cure all medicine, I shall never forget. It stung so badly, it had to kill all the germs! I guess we were lucky and didn't know it, now we know why we are in such good health today! Always, Betty Link to comment Share on other sites More sharing options...
hurryupnwait Posted December 5, 2007 Share Posted December 5, 2007 Paul, I am so pleased that my mother had her feel of castor oil and never gave it to me. That old stinging cure all medicine, I shall never forget. It stung so badly, it had to kill all the germs! I guess we were lucky and didn't know it, now we know why we are in such good health today! Always, Betty According to my mother, castor oil would cure any ailments on the inside of the body and tincture of methiolade would cure anything on the outside. Paul When I count my blessings I count my family and friends twice. If you don't know where you are going, any road will get you there. Well done is better than well said. Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted December 5, 2007 Author HadIt.com Elder Share Posted December 5, 2007 Hello Betty, "I'm with John D. and others who say do NOT, under any circumstances, go for an aggragation in service case. It is simply not true and as you know, it is the truth that will set us free." after keeping up with your case for over a year...not once did you ever entertain a thought that your condition was pre-existing prior to enlistment. So under no cirmumstance should you even entertain such a thought now to do so would open the door to a denial...and that is what the VA wants to do...entrapment come to mind. The people who are handling your case seem to be banking on that you will change your course and concede in order to file under a different tatic like aggervating a pre-condition in order to be granted SC, I would say the VA person that is handling your case is playing a game of chess with you don't play it...stand firm on the truth of the matter...and don't cave in to this outragous miscarraige of justice that is occuring. Your story is what movies are made of...and if you stand your ground Betty you will prevail in this maze of maddness they have created and you have become a victim all over again...not only you but your family as well. The more I think about this the more I say send out a mass mailing to all the syndicated newspapers and TV stations New stationed...until someone listens...right now the VA does not need this type of publicity. enough said ...I have you in my prayers the Greatest weapon you have is on your side and that is the Man upstairs... God Bless mountain tyme Hi Time, You have always been behind me and I appreciate all of you on this site for believing in me and recognizing that I have been telling the truth in all ways. My parents were such wonderful parents and always taught me the most important values in life. Always tell the truth, never lie, never steal and never discrimate against anyone and always believe in the word of God. My mothers favorite picture was the " Guardian Angel" protecting the children as they crossed the bridge. I have carried this with me though out my life and continue to do so. Always, Betty Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted December 5, 2007 Author HadIt.com Elder Share Posted December 5, 2007 I agree - the condition was not previously documented, and you have not posted a laundry list of mental health symptoms prior to enlistment, as a few others have done, sooooooooo -- there is no aggravatation. jmho, carlie Carlie, I so appreciate you guys, more than you will ever know. I could never do any of this without you. Always, Josephine (Betty) Link to comment Share on other sites More sharing options...
Question
Josephine
Hi to all,
I am back at it again. Gosh, I never thought that I would have to prove that I was sane before service.
I have to go back to the years before 1964 and most of you weren't born then.
I spoke to David Barrans, Attorney, Office of General Counsel concerning this regulation.
VA’s regulation implementing the presumption of sound condition, 38 CFR 3.304(
I am not putting those little faces in this.
It is susposed to be a (B)
This is what he said to me, " Everyone is considered to be in sound
condition as noted on the enlistment form and it would take
"Clear and Unmistakeable Evidence " to rebut that soundness.
This is a complicated mess in my mind as the C&P states a Board of
Two and now that went out the window, we are back to one ( lady????)
psychiatrist with her last addendum.
The etiology of her anxiety appears to have preceded her time in
service.
What is " Clear and Unmistakable Evidence"?
He said that he couldn't solve my claim for me, but he could quote
the law, as I just typed.
Berta, Anyone, what would have to be in my records for anxiety to
precede service?
I can't go under aggravated, because, I never had anxiety or
nervouness until that swimming pool.
I only saw the doctor a couple of times before service, once for a
bladder infection and once for strep throat.
That is it. I was never ill or in need of a doctor. I had a regular
dentist and regular eye doctor, but not a regular doctor.
I remember being told that we ( the family) was quarantined by the
Health Department for " Scarlet Fever". I was about 3 years of age at
that time.
I put on my enlistment papers. I had had the Scarlet Fever, Measles,
a penicillin shot, and I guess that was for the strep.
I remember in the 1950's our whole school was given Polio shots and
that is it. Things were different in my time period.
My mother knew what the chicken pox were and my parents knew how to
pour that old iodine and that old burning bottle of stuff on my
scrapes.
I did find out today, that my claims file has made it back to the
rater and the answer should be within 30 days.
I am just trying to gain some insight.
Thanks and Always Appreciate all you and your Time and Knowledge,
Josephine
(Betty)
Edited by JosephineLink to comment
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