Can You Believe "we" Proved My Claim 44 Years Later

[Josephine]

I don't know where to start, I have the letter. Yes, the

Judge was the Most Honest and Wonderful Judge and gave Credit to

those in the Manner of how a claim should be decided.

I am sure the Attorney for the Board wrote the letter and the Judge

signed it.

Can you believe that "WE" did this 44 years after

discharge? I couldn't have done it without each and everyone of

you!!!!

ORDER

SERVICE CONNECTION FOR CHRONIC ANXIETY IS GRANTED.

This is like a new case at the BVA

THE ISSUE

Whether new and material evidence has been received to reopen the

claim of entitlment to service connection for an acquired psychiatric

disorder, to include anxiety and depression.

It goes on to say that I filed in 1992 and was denied and it became

final as I never appealed.

New and Material

To reopen a claim which has been previously denied and which is

final, the claimant must present new and material evidence.

In this case, the evidence received since the R.O's June 1992 denial

of service connection for chronic anxiety with nervousness includes

some duplicate copies of previously considered treatment records.

Such records were considered in the previous denial and are not new

and material. Also added to the claims file since the previous 1992

denial were additional treatment records not previously of record and

private and VA treatment records which show continued treatment for

psychiatric complaints.

The service treatment records are new in that they reflect inservice

treatment for psychiatric symptoms which were determined to preclude

further military service. These documents include inservice

assessments as to the veterans psychiatric complaints. The evidence

is considered new in that it contains information that was not

considered at the time of the 1992 decision, and it is material

because it purports to show treatment for psychiatric disability

during service which was not objectively shown by the evidence

previously.

Any way this Attorney read my buddy letter, a nurse, who was an eye

witness and I was able to prove assault by a physician and mental

abuse by physicians.

The Swimming pool was a factor also, but not Doris.

Dr. Payne is given weight for his treatment of me for the last 30

years.

Dr. Muller the first C&P doctor carried a lot of weight.

My Pastor of 50 years was given credit

Dr. Campion was given a lot of weight

Dr. Crowley was given a lot of weight

The two lying shrinks very little is said of them.

I have no ideal of how far back I will be paid and how much the

percent will be.

A big thanks to everone!!!

Always,

Betty

Edited March 8, 2008 by Josephine

[Pete53]

Congrats!!!!

Have a beautiful weekend and start your new life knowing that you have been vindicated and the lying shrinks reproached.

[Josephine]

Congrats!!!!

Have a beautiful weekend and start your new life knowing that you have been vindicated and the lying shrinks reproached.

Thanks so much Pete, This is one statement that I really liked, but

forgot to add:

It is noted that the medical opinions in support of the veteran's

claim, physicians in 2004, Dr. M. P ( Private) 2004 (VA) and in Dr.

B.C. 2008 (Private), were based on review of the entire record and

examination of the veteran.

The Board finds that these three opinions which favor

a grant of service connection are premised upon an accurate picture

of the veteran's history and current condition.

( As you can see, two were not mentioned.)

Always,

Betty

Edited March 8, 2008 by Josephine

[rentalguy1]

AWESOME!!!!!! Congrats!!! I knew you had it licked!

Go out and celebrate! (unless it's more snowy up there than it is here right now)

[Hoppy]

Betty,

Like Pete says "vindicated". I am sure as you learned more about how they gave you the PD diagnosis and basically said your condition was developmental and had nothing to do with militray service that the stress and anxiety even worsened. The thing that I have found is that some doctors are BS artists. It takes judge to see through the BS sometimes.

If you have an SO he should be able to find the effective date and percentage on the computer. Then just do the math. My SO told me to sit down before he would tell me how much back pay I was getting. They usually go by the date of the new and material. However, there are some exceptions that might put it earlier. Berta is good with the types of situations that can lead to an earlier effective date.

I was getting chills up and down my spine when I reaad your PM. That is something that occurs when really good things are happening. You hung in there and kept battling.

[broncovet]

Way to go!

I dont want to sound like a naysayer, but you still have hurdles. I was granted service connection by the BVA upon appeal, and the RO decided that it was 0%. So, I had to start all over again. I sure hope they dont lowball you like they did me.