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

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Josephine

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Yes- John is right- even a low rating SC is a big foot in the door-the SC part is the hard part-

Josephine the BVA sends it back for the RO to determine the percentage.And you can disagree with anything you dont like.

I am not sure how they will determine the EED.

I was thinking last night- not sure on this at all but-

when you supllied them with your SMRs yourself- I wonder if that would fall under "newly discovered service records" and that would help get a better EED-it you dont like the EED they give you-

Men and women Josephine had a strong IMO doctor with outstanding credentials-

this claim looked like it was over when she got that and sent it in-

but we can never know what the VA will do until they do it-

this sure goes to show that getting an IMO is often the only way to the top of the mountain they make us climb.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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"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 "

THAT is a dynamite statement from the BVA-

it means all this time the VA was not really looking at your records!

I certainly will help figure out the right EED Josephine-

it looks like it would be 1992 at this point-

but not sure what the RO will do now-

(I never get here at night but last night for some reason-I came here and saw your post and have been thinking about this wonderful victory ever since-your whole ordeal will help others Josephine-it is wonderful!)

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

Betty, your persistance and never give up attitude has paid off and you have survived. Congratulations.

You are a bright aray of sunshine to this board and your claim has given the Vets who are in similar circumstances an array of hope. I know how it feels to win and I am so excited that you won.

Go ahead and fill out the IU paperwork asap. Have it ready to go just in case they throw a 70 at you.

If they award 100 percent, Throw it away.

The RO at the Huntington VARO should respond fairly quickly as it is one of the less busy Regional Offices.

It also appears to me that 1992 should be the effective date.

I would like to offer the following advice.

When you get your Retro, Take the time to do something for yourself.

Relax and enjoy the moment for we all know that happy moments and the VA are not very common occurances, but when they are, it is tremendous.

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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  • HadIt.com Elder
"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 "

THAT is a dynamite statement from the BVA-

it means all this time the VA was not really looking at your records!

I certainly will help figure out the right EED Josephine-

it looks like it would be 1992 at this point-

but not sure what the RO will do now-

(I never get here at night but last night for some reason-I came here and saw your post and have been thinking about this wonderful victory ever since-your whole ordeal will help others Josephine-it is wonderful!)

Berta,

This has been the most draining ordeal I have ever experienced. It

appears I have been the victim of the DRO'S mistake.

This is directly from my SOC October 7, 2004.

THIS IS NOT THE DRO’S FINAL DECISION, We are sending you this

Statement of the Case so that you can better understand your appeal.

An examination is being scheduled at the VA Medical Center. The VA.

Medical Center will notify you about the date and the time to report

for the examination. Form - 9 to appeal to BVA to complete within 60 days.

I went to the BVA before my first C&P and have been trying to

find myself out of this mess for 4 years.

How can you really appeal to the BVA when you know that the DRO is

sending you for a C&P.

No Berta, I never could get anyone at the BVA to really read my claim.

Dear John Stacy, If you are out there, "well, I started to submit

this and saw you are there," many thanks to you, for asking

me to send you a copy of that SOC.

You told me right then and there I was fighting the whole system. I

have been pushing my claim in their face and I have

been doing it now for 3 years and have not let up.

Reasons and Bases

The additional service medical records submitted from the National

Personnel Records Center and the Report from Dr. M. Payne, dated

April 2004 are considered Both New and Material and your claim for

service connection for an acquired psychiatric disorder is re-opened.

The DRO unfairly denied me for my claim of Anxiety with Depression

and re-opened the claim for an “ Acquired Psychiatric Disorder”, with

medical records in his possession at the time of the denial and the

re-opening of the New Diagnosis.

Berta,

I appreciate any help that you can give me.

Always Appreciate,

Betty

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Guest jangrin

Betty,

You are the Perfect example of why a veteran should never give up on thier claim.

Your new IMO must have put this over the top for you. Sure glad you decided to get one more opinion. I think you made a great decision and were very strong in standing up for yourself regarding this claim.

This is the best news to start the weekend. I believe it's Party time around your house for sure!!?. I bet your girls and husband are very excited for you and are extremely proud.

You deserve a break and a celebration. I couldn't be happier for you. Well done and congrats!!!

Jangrin

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  • HadIt.com Elder
Betty, your persistance and never give up attitude has paid off and you have survived. Congratulations.

You are a bright aray of sunshine to this board and your claim has given the Vets who are in similar circumstances an array of hope. I know how it feels to win and I am so excited that you won.

Go ahead and fill out the IU paperwork asap. Have it ready to go just in case they throw a 70 at you.

If they award 100 percent, Throw it away.

The RO at the Huntington VARO should respond fairly quickly as it is one of the less busy Regional Offices.

It also appears to me that 1992 should be the effective date.

I would like to offer the following advice.

When you get your Retro, Take the time to do something for yourself.

Relax and enjoy the moment for we all know that happy moments and the VA are not very common occurances, but when they are, it is tremendous.

John,

You know we must give you credit for taking the time to read my SOC. You were the one who headed me in the right direction. I just kept throwing it back in their face.

I hope my experiences will help others to make it through the system, but just a little easier than I have.

I will fill out the form you mentioned, but I will make sure my rep in Huntington shows the DRO my non-service connection pension with the uenemployable since 1983 with 100% for Anxiety with Depression.

I promise then to try to relax.

Always Grateful,

Betty

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