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

[Josephine]

Congratulations!

Ron

Ron,

Thanks a bunch!

Betty

[free_spirit_etc]

Yep. That IMO helped a LOT!!

The sad thing is that it was all a game, and everyone could SEE the game and knew what it was all along - and that she was required to track down someone who would call it for what it was - and had to pay a substantial amount to get that opinion.

Was the opinion worth every penny? Yes.

BUT - the biggest factor in the IMO was NOT the doctor issuing a nexus opinion - It was the doctor pretty much declaring - I SEE YOUR GAME! You are playing games with this woman. YOU know you are playing a game. And NOW I know you are playing a game.

The hell they put her through in the meantime was inhumane.

I DO think the BVA was already leaning pretty firmly in her direction. Based on the prior remand - it looked like they were saying "Hey. The preacher had some legitimate stuff - Ask him more. There might be something to this pool incident. Find out. Find out more info that the CLAIMANT has pointed out. And then see if the quacks want to change their mind - or give some reasons for not doing so."

The quacks knew better than to try to justify their opinion. It could NOT be justified - and they knew it.

The IMO EXPOSED the quacks. But everyone could already SEE their quackiness. The RO knew. The AMC knew. The BVA knew. And they knew that Betty knew. But she had to pay someone to expose what everyone could ALREADY see.

THAT is injustice!

Betty GOT her justice - but it sure wasn't given to her. She had to claw her way through so much BS to get it.

So much for the VA motto.

Free

Superb NEWS Josephine- we all were waiting for this to arrive and to be REALly an award .

The last IMO you got must have put them well over the edge-

GREAT news! Now you can sit back and relax -whew!!!!!!!

the heck with those VA shrinks!!!!

[cowgirl]

Thanks Betty, my self esteem needed the boost, must be why I am here with other veterans to get whats due. Trust me sometimes I can wear a front as well as anyone to hide the hurt. No reason to cloud up everyones day, I have professional help for that!

CG doin the hokey pokey still for Betty!

Cowgirl,

Has anyone on the site ever told you what a Joy you are and How we

love to read what you post? You always bring Sunshine to the

gloomiest of day.

We will party when we see what the R. O does with this letter. I wish

the Judge had been more specific.

Can't have it all.

Thanks a bunch!!

Always,

Betty

[Wings]

x

x

x

Good Work Sister! It really bugged the heck outta me that VA shrinks would call your case Personality D/O when there was NOTHING in your history to support this opinion.

We're sure happy for you Josephine. You are a valuable family member and an asset to the Hadit mission. You have touched our lives. God Bless you and yours. ~Wings

[free_spirit_etc]

§ 3.105 Revision of decisions.

(a) Error. Previous determinations which are final and binding, including decisions of service connection, degree of disability, age, marriage, relationship, service, dependency, line of duty, and other issues, will be accepted as correct in the absence of clear and unmistakable error. Where evidence establishes such error, the prior decision will be reversed or amended. For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision. Except as provided in paragraphs (d) and (e) of this section, where an award is reduced or discontinued because of administrative error or error in judgment, the provisions of §3.500((2) will apply.

§ 3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

( Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(B)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(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; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]

[free_spirit_etc]

Here's a good one - From the Compensation and Pension Adjudication Manual

PROLOGUE

"to care for him who shall have borne the battle and for his widow and his orphan...."

Abraham Lincoln

Abraham Lincoln emphasized the debt owed to America's veterans and our citizens have honored that debt by creating the Department of Veterans Affairs whose responsibility it is to place into deeds those words.

Veterans Benefits Administration employees have a unique opportunity to serve America's veterans. Our mission is to see that our country's veterans and their dependents receive the benefits they so richly deserve. We are fortunate to have the opportunity to help repay those who so courageously and unselfishly served their country.

In performing our duties we must be constantly aware of the special status of those we serve. They responded willingly when called to duty to defend the people of the United States, risking their lives and limbs. We must respond just as willingly to their needs and those of their families.

This manual provides procedures for administering compensation and pension benefits. While these procedures are important to our accomplishing our task, VA employees must never lose sight of the humanity of those people we serve. We must commit ourselves to seeing that they are treated sympathetically and with respect and dignity.

As you go about your daily duties, keep in mind Abraham Lincoln's pledge and our commitment.