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

[allan]

CONGRATULATIONS BETTY!!!!

Thank God it's over.

[free_spirit_etc]

I would THINK they could go back to 1992 right off the bat - or actually, the BVA says 1992 DENIAL - so actually when you FILED that claim.

I would also assume that you also applied for SC when you got the Pension in 1983.

Especially since the BVA said that the SMRs were both new AND material... they are indicating that the information in the SMRs MATERIALLY affected your claim - so I think even if they didn't go back to the date when you filed the claim you were denied in 1992 - you MIGHT be able to file a CUE for an Earlier Effective Date - and at least get it back to THAT date pretty easily - by pointing out that the BVA said the SMRs were material to your claim - but I would think it SHOULD go back the the FIRST time you filed for benefits for anxiety.

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

[Josephine]

CONGRATULATIONS BETTY!!!!

Thank God it's over.

Allen,

I don't know how far they plan to pay me back or the percent. I wish the Judge had placed this on the papers.

Thanks a bunch!!

Betty

[rentalguy1]

when and where is the party??

I'm there!

[rdawg]

Hi Betty,

First off, congratulations. What a tremendous feat you have accomplished.

I think you will need to cue the 1978 decision. If I remember sorrectly, they had your SMRs at the time but the Drs writing was not legible. You just recently added his corrected notes as evidence that you had an in-service diagnosis (look up a thread we discussed some time ago about a case you thought was exactly like yours but I pointed out that the veteran in that case had an in-service diagnosis and you did not). We all know you had the diagnosis but the fact that the VA could not, or would not acknowlege that is what they were basing their denial on. They will not read between the lines or give the veteran the benefit of doubt unless they are forced to with medical evidence. You did that with your records and IMO.

With that said, I think they will give you 100% based on all the things you've mentioned. But I think the effective date will be when you actually reopened the 1992 denial that you never appealed. At least tey say you didn't appeal it. I don't know. So say you submitted new evidence in 2004 and the current appeal goes back to that denial then that will be your effective date.

The VA has a duty to assist. If the Dr. was still alive they should have contaced him to clarify his records. I don't know if that duty to assist existed in 1978 or not. Your work is never done.

But you can relax knowing you've been vindicated and proven correct for the past 30 years. Once you get the adjudication letter tear it apart and stick it to them, if you need to. Hopefully they will do the right thing.

rdawg

[vetswife]

Betty;

Many, many congrats to you on this. I know (and have read) how hard you have worked to get this done, and I congratulate you on your victory.

Enjoy!!

Pat