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

[Josephine]

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)

I will have to get myself out of shock first and then I will cut

loose. it is really cold here in Virginia.

I sure hope others on the site, will learn from my experience and

hang in there, for it can be done, especially with all the wonderful

help and researchers and supporters that I have had from this site.

My claim was won by everyone on the site.

Thanks and Always Appreciate,

Betty

[Josephine]

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.

Hoppy,

Is there an effective date and percentage if it is not on the letter.

I figured the DRO would do this.

I did notice what Testvet said, they didn't give me a chance to

decide if I liked their decision before they sent the file back to

the Regional Office.

Thanks so much Hoppy, as you really put a lot into this claim.

Always,

Betty

[Josephine]

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.

I am sorry the R. O did this to you. I am not sure they can pull this

on me, as they awarded me a non-service connected pension for anxiety

with depression at 100% and unemployable back to 1983. They denied it

due to excessive income, but I still have it.

I will shove a copy of that in their face.

Always,

Betty

[free_spirit_etc]

OMG!!! I am so very, very happy -- got goosebumps all over.

And I am so proud of you - because you never gave up - even when all the odds were stacked against you - and even when no one gave you much hope - even us sometimes.

Of course, ALL your fight might not be over - since you don't know what effective date they will use - But it looks like if they do not go all the way back to AT LEAST 1992 - the BVA has set up a very good claim for the earlier effective date - since they mentioned that SMRs that show the in-service treatment were NOT of record when the initial decision was made.

I was thinking you also applied earlier than 1992. Did you? If so - the BVA's remark about SMRs that showed treatment in the service not being part of your record until you submitted them - should be able to take you back to any decision made.

Hmmmm.. You report your victory - and here I am already planning the next fight....lol

Celebrate! Celebrate! Celebrate!

Free

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

[free_spirit_etc]

Woo! Hoo! 1983???

100% - and then they determined it was not service connected because of SMR's that showed that it WAS that were NOT of record.

CUECUECUECUECUECUECUECUE!!!!!!!!!!!!!!!!

Free

And now that you have some spare time - I guess you can report the quacks to the medical licensing boards for changing your diagnosis and issuing opinions without so much as giving you any tests.

The regulating agencies might have some interest in psychiatrist who are willing to actually CHANGE someone's diagnosis without so much as doing any tests to justify such a change.

Free again..

I am sorry the R. O did this to you. I am not sure they can pull this

on me, as they awarded me a non-service connected pension for anxiety

with depression at 100% and unemployable back to 1983. They denied it

due to excessive income, but I still have it.

I will shove a copy of that in their face.

Always,

Betty

[Josephine]

OMG!!! I am so very, very happy -- got goosebumps all over.

And I am so proud of you - because you never gave up - even when all the odds were stacked against you - and even when no one gave you much hope - even us sometimes.

Of course, ALL your fight might not be over - since you don't know what effective date they will use - But it looks like if they do not go all the way back to AT LEAST 1992 - the BVA has set up a very good claim for the earlier effective date - since they mentioned that SMRs that show the in-service treatment were NOT of record when the initial decision was made.

I was thinking you also applied earlier than 1992. Did you? If so - the BVA's remark about SMRs that showed treatment in the service not being part of your record until you submitted them - should be able to take you back to any decision made.

Hmmmm.. You report your victory - and here I am already planning the next fight....lol

Celebrate! Celebrate! Celebrate!

Free

Free,

I am pretty sure and the doctors keep quoting filing of 1978. My niece was employed at the R. O at that time and I do not think I filed in 1992. Also in the other BVA write up it states, she applied for a home loan in 1987 and we wonder why she did not mention the earlier filing date. Well, I happen to have that Loan eligibility Paper and the date is 1978. Same filing date for everything. I called the loan department and they told me that they did not mail the paper in 1978 and I never used it until 1987, for I never knew that I had it.

I located this regulation.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))Cross References:

Effective dates—general. See §3.400. Correction of military records. See §3.400(g).

[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990;

What do you think?

Thanks so much for your help and oh, so much help!

Betty

Edited March 9, 2008 by Josephine