free_spirit_etc Posted March 20, 2008 Share Posted March 20, 2008 I think that is a DISTINCT possibilty - because of the BVA stating that the military discharged her KNOWING this. They basically KNEW she had a claim - so they tried to destroy it. That might be on THEM now. It just isn't playing fair to make you sign papers to destroy your medical records to let you out KNOWING those medical records would show a SC illness. I think she has a valid claim that she should be paid all the way back to discharge - because THEY hid (and tried to destroy) the evidence that granted SC. Basically, Betty caught them at their own game. Free Betty, You wrote "I ask the BVA for 100% service connection back to 1978 due to the " Psychiatric Records" never acquired by the VA." How and when have you asked them for 100% back to 1978? Verbally with Ms. Moyer or in writing? I certainly think you're entitled to the 1978 EED since they didn't get your psyc records in the original claim processing. I'm curious how, legally, the fact that they wanted to DESTROY those records and told you you were NOT eligible for benefits when you got out may give you wiggle room for an even EED back to discharge. Just speculating at this point. After you get the 1978 EED then perhaps you'll turn your attention to the 14 years BEFORE 1978 (just a thought - Berta, keep your thinking cap on and me and I believe the many other members watching this thread will do the same). Keep us posted and God Bless, TS Think Outside the Box! Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 20, 2008 Author HadIt.com Elder Share Posted March 20, 2008 Betty, You wrote "I ask the BVA for 100% service connection back to 1978 due to the " Psychiatric Records" never acquired by the VA." Tom, The VA has known from the very beginning what I expected from them 100% service connection for chronic anxiety paid back to 1978. It is in the NOD when I gave the R.O a copy of those records, In a letter to the BVA and in a Statement in Support of Claim to the AMC and then back again to the Judge at the BVA. How and when have you asked them for 100% back to 1978? Verbally with Ms. Moyer or in writing? Always in writing. They must have at least 30 papers stating I want paid 100% for chronic anxiety back to 1978. Ms. Moye can just see all the papers in my claims file. She works for the Under Secretary of Veterans Affairs. I certainly think you're entitled to the 1978 EED since they didn't get your psyc records in the original claim processing. Without those records, I had no claim. Absolutely no proof of treatment or the reasons for my early discharge. I'm curious how, legally, the fact that they wanted to DESTROY those records and told you you were NOT eligible for benefits when you got out may give you wiggle room for an even EED back to discharge. I sent the BVA a copy and they did enter it in as " New and Material Evidence." Just speculating at this point. After you get the 1978 EED then perhaps you'll turn your attention to the 14 years BEFORE 1978 (just a thought - Berta, keep your thinking cap on and me and I believe the many other members watching this thread will do the same). I believe there is a lot of people watching this claim. The impossibe happened. The VA was beat at their own game. Keep us posted and God Bless, I sure will and thanks so much, Betty TS Link to comment Share on other sites More sharing options...
Founder Tbird Posted March 20, 2008 Founder Share Posted March 20, 2008 josephine let me know when the money hits the bank, so i can do the hokey pokey, you put your left foot in, you take your left out, oh i better wait for the money in the bank. Tbird Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997 HadIt.com Veteran To Veteran | Community Forum | RallyPoint | FaceBook | LinkedIn | About Me Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years I am writing my memoirs and would love it if you could help a shipmate out and look at it. I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life. The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted March 20, 2008 HadIt.com Elder Share Posted March 20, 2008 Its sort of weird when I was awarded my claim the rater apologized for how long it took also. Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 20, 2008 Author HadIt.com Elder Share Posted March 20, 2008 I think that is a DISTINCT possibilty - because of the BVA stating that the military discharged her KNOWING this. They basically KNEW she had a claim - so they tried to destroy it. That might be on THEM now. It just isn't playing fair to make you sign papers to destroy your medical records to let you out KNOWING those medical records would show a SC illness. I think she has a valid claim that she should be paid all the way back to discharge - because THEY hid (and tried to destroy) the evidence that granted SC. Basically, Betty caught them at their own game. Free, We all put the pieces of the puzzle together for them. We all caught them at their game. No one goes to the BVA on a Preliminary Decision from the DRO, but I did. Can't you just see the look on someone's face when they read my Form - 9. I would post it, but it is a joke. I talked to Ms Moye this morning and she called Huntington for me. They have located my 1978 filing papers. Well, now that is getting us to 30 years and she said they have also located the 1983 NSC Pension, Unemployable to 1983 and 100% for Anxiety. Said she has only seen one other case like this one. Said the raters were working constantly on my file. It seems like one is doing the figuring and then another person is checking that one. She said her computer is set to call them April 10th to see if the letter has been mailed. Said this file will be going in all different directions. Signatures and Signatures and to the Command. Thanks again, Betty Free Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 20, 2008 Author HadIt.com Elder Share Posted March 20, 2008 Its sort of weird when I was awarded my claim the rater apologized for how long it took also. Pete, Do you think that they may decide to send me a letter of apology? Betty Link to comment Share on other sites More sharing options...
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