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

[Josephine]

Praise God from whom all blessings, and VA victories, flow!!

Betty,

CONGRATULATIONS!!

Hi Tom, Good to hear from you:

It has taken me the better part of an hour to read all 5 pages of comments here!! I believe this is the longest post I've ever read and it's all because we have been behind you and are, along with Cowgirl, doing the Hokey Pokey on your behalf! I am so tickled for you, thrilled beyond words. :-)

I think this may be the longest post, for these wonderful people on the site saw this women stuggling for someone to read her claim.

She took the better part of her life trying to prove something that happened when she was only 19 and now is one of the oldest on the site.

These wonderful people stepped in as they could see she was struggling so hard.

Research has been going on for two years on this claim. Personal emails and across the board.

I praise each and everyone you for stepping in and picking me up when I was falling down and taking over when I no longer could think straight.

Now, having said all that, and having read this entire thread and posted a few facts into a doc just to put them together, I have tried to get a clear picture of the timeline of events. Please tell me if this is correct:

1978 - You first applied for VA benefits, they did not have your SMRs, and were denied (though I am uncertain what year you were actually first denied). Also, you have copies of "the two C&P's by the VAMC also state the veteran filed for service connection in 1978 and was denied" so you have proof that you filed in 1978 and were denied in the absence of SMRs. If that is accurate, then I agree with Free that the whole rule about finding SMRs should prevail and they should go back to 1978.

Let me see what you ask me, Got it, yes, I first filed in 1978, the VA had my sick bay records, but no one bothered to secure my " Psychiatric Records", These were the ones of Dr. Jones and Dr. McMahon and my Commanding Officer.

My whole claim was and has always been within those records. Each time I would tell the VA to get those records, I was told they didn't exist. Well they did. The VA never once ask the Archives for the Psychiatric Records or my Personnel Records. In 2004. I wrote to the St. Louis Archives with pen and paper and wrote for them myself. One day one of the technicians called me and ask me if this was what I needed. There they were, right in his hands. He mailed them directly to me.

1983 - You were awarded a non-service pension at 100% for your anxiety but did not get the pension because your husband made too much money. Where you awarded the pension as a result of filing for VA benefits or filing for a VA pension?

This is a strange one as this came about with my filing in 2001. The VA does mention that filing date. I was awarded the pension instead of service connection for that filing date.

It just came in the mail. I can't collect it no, for my husband makes too much money, but I have it.

1992 - The VA states you were "initially denied" in 1992? Is that correct? But your husband had an anyerisum and your neice was a DRO so to the best of your recollection you did not file in 1992? Correct?

That is correct. My niece was a DRO at my local VA at that time and no they would have never allowed me to file any claim.

The claim was filed when this niece was still a child.

2004 - You submitted your SMRs as New and Material Evidence which allowed you to reopen your claim.

Yes, I submitted the Psychiatric Records to the rating board in March 2004. I filed the NOD against the 2002 decision.

2007 - You just got your SECOND (?) BVA Decision awarding you service connection (woo hoo!!) and your C-file is on its way back to the Huntington WVA VAOR.

As far as I know as of today, I was told the claim went to the Judge to the AMC and is now in Huntington for paper work.

One point I'm unclear on - As I understand it, at some point in there - please clarify the date - weren't you initially denied service connection at the BVA? If that is so, then I assume the BVA will have the initial 1978 filing date in it.

My claim went to the BVA December 2005 and remanded to the AMC and they sent me a SSOC December 2007. It was then that Kathy the Claims Examiner for the AMC called me and advised me to waiver my 60 days for new evidence. She said it was in my best interest.

When I received the SSOC. I did not like it as it stated. Dr. Payne alleged he treated me for anxiety for the last 30 years and that my Pastor of 50 years alleged couseling of me. This is when I went on line looking for one of the top 10 Forsensic Psychiatrist in the United States and he happened to be in D. C. I contacted him, send him a check and my records with the understanding, what he found is what he would turn in to the VA. No strings attached. I made and appointment and had about a 3 hour evaluation.

Please review this and make corrections to it. Based on my understanding and reading what the IMO doc and your private doc wrote along with the VA awarding you 100% pension, the question is not going to be whether or not you are 100% due to IU since you have never mentioned symptoms in the 100% rating schedule but what is your effective date, which, IMO, should go back to the initial filing date of 1978 since they didn't have your SMRs in 1978. This is conjecture on my part, I would have to read Free's posts more closely to understand the applicable regs and since I'm still new at this I would rely on Berta, Free and others to help you with the nitty gritty legal end of things however, I would like to understand the timeline of your claim so I can understand the situation better.

Dr. Crowley opened the door for them to pay me back to discharge. He didn't mind telling them that they discharged me knowing full well that I was suffering from Chronic Anxiety and they were given me meds for it and stuck that PD on me.

Either way, know that I am absolutely thrilled for you and appreciate how gracious you are in giving credit to hadit for your claims success. Now, I'll close, go see what icon Cowgirl is using tonight and join her in putting my left foot in and putting my left foot

out.....

God Bless you Also!!

Betty

God Bless,

TS Snave

Edited March 10, 2008 by Josephine

[Josephine]

The box no longer exists --- it has exploded ! lol

carlie

Oh, Carlie, How would I make it without you guys and gays. Gee, you all have helped me so much and trying to work on your own claims also.

I have so little knowledge of the VA, that rarely can I help anyone.

I sure appreciate the kindness of all on the board.

Always,

Betty

[Josephine]

Woo Hoo! If they are considering you a "Special Case" (of which I fully agree) - MAYBE, just MAYBE that means they won't just breeze over the BVA decision - look to see when you re-opened the claim - and pay you back to 2004.

Free, I think that it is going to be 1992 or earlier. Not sure yet.

Maybe, just maybe they will AT LEAST grant it back to 1992 (or ACTUALLY when the claim the BVA says was DENIED in 1992 was actually FILED) --or maybe even earlier.

1992 would be a GREAT START for a nice tax free chunk of money (but not NEAR enough for all the pain and suffering you experienced at the hands of the military / VA).

That is true. I am only bitter to the two Psychiatrist. I feel they did me the most harm. I had buried all of this other mess for so long, I didn't allow it to surface. It would only come in those old night terror dreams.

(If you are ever traumatized again - try to get traumatized by a civilian - it pays better and is much quicker to resolve - because it is not set up in a system designed to "protect" you...ahem...)

Maybe they know the really messed up on this one - so they will work a bit more diligently to try to get it semi-right. They definately know that if they try to blow you off - you do not back down.

I believe they all thought that I would back down, but when I came to Hadit and as you know nagged the death out of everyone and ran my claim in the ground, as you said, even you guys finally had to listen. That is when the fun began, the VA was innocent to the part, they never knew they were up against a platoon of soldiers.

So I am keeping my fingers crossed that they "do the right thing" right off the bat. If not - I hope they "do the semi-right thing."

I think awards to the time of discharge are granted if you file for SC within a year of discharge.

I never thought I would read a letter signed by a Judge stating, The Military discharged you knowing that you did not have a personaltiy disorder and that you were suffering from Chronic Anxiety and they were treating you for it.

That is something my husband misunderstood. He filed when he retired - and when he was EVENTUALLY granted SC for a couple of conditions - it went back to his discharge date - so he thought when he got ANY claim granted - it would go back to the date of discharge.

Free, I will at this point be satisified with an honest opinion.

Of course, like most normal humans, he didn't spend 800 hours a day reading the laws and regulations.

I didn't and couldn't, but I was blessed to have this Platoon doing it for me. I was researching, but you were busting your behind doing the same. The names go on and on.

My wish for you is that you will once again be able to join the ranks of normal humans :)

When I went to D.C and went across the mountain and to the top of the mountain, I knew that I had been blessed and was now finally free.

I took a "Band of Angels" with me that day and each of them post most every day or week on this site.

Bless you all!

Betty

Free

[Berta]

At the bottom of this topic:

http://www.hadit.com/forums/index.php?show...discovered+SMRs

is the stuff about Newly discovered SMRs-

I am putting this here Josephine so I remember where it is and I do have a copy in a folder here too-

I think this reg Might help with getting the best EED-

I said that this wait wont be as bad as the first for you-but I cant seem to wait now- for the RO decision.!!!!

If the VA didnt use them or read them and then YOU sent them -in my way of thinking-they are 'newly discovered by the VA'. ???

Edited March 10, 2008 by Berta

[john999]

I thought that newly discovered SMR's were the basis of a CUE claim. If the government had the records, and the VA did not do their duty to obtain them is that not CUE?

[Josephine]

At the bottom of this topic:

http://www.hadit.com/forums/index.php?show...discovered+SMRs

is the stuff about Newly discovered SMRs-

I am putting this here Josephine so I remember where it is and I do have a copy in a folder here too-

I think this reg Might help with getting the best EED-

I said that this wait wont be as bad as the first for you-but I cant seem to wait now- for the RO decision.!!!!

If the VA didnt use them or read them and then YOU sent them -in my way of thinking-they are 'newly discovered by the VA'. ???

Berta,

What happened, I told the VA about my " Psychiatric Records" and the

Psychiatrist that I saw to secure an early discharge.

Of course my DD- 214 shows my early discharge with the spin code of

460 - Emotional Instability.

The VA always told me that the "Competency Review Board" Medical

Records" did not exist.

I call it this for I remembe so well, Dr. Caxxx asking me if I

was strong enough to go before that board. He was treating me with

Librium for nervousness and Cafergot for headaches. He sent me to

the Psychiatrist and took me home with him on weekends to baby-sit.

I told him I was.

It was the Psychiatric Consulation medical records of Dr. Jxxx and

the Consulation by Dr. McMxx and a long Letter by my Commanding

Officer writing about what took place and why I was receiving the

early discharge.

I did file in 1978

I filed in 2001

Received the NSC Pension - sure didn't know it was coming, but it

arrived in the mail within two months of the denial of the 2001

filing.

I had one year to turn in new evidence for the denial of the 2001

filing and that is when I wrote to the St. Louis Archives and told

them what I was looking for. The Technician called me and had them in

his hands. He said the VA had never ask for these records. I was sent

a copy of each with a cover letter. I turned a copy in to the VA

March 2004.

Without these medical records, I would have never been able to prove

any claim. They were my claim.

In a lock box, since 1964, I always had this little piece of paper

which the Personnel Director signed and I signed giving them

permission to destroy all my records . This was in exchange for the

discharge.

These medical records were slated to be destroyed, but never made it

due to one doctor. So it wasn't that they had them on their desk and

didn't use them, they didn't bother to acquire them. When the DRO

received

those records he denied me for anxiety with depression, this was

October 7, 2004 and sent me papers to appeal to the BVA and re-opened

my claim for " An Acquired Psychiatric Disorder" October 7, 2004, due

to "New and Material Evidence." All in one letter.

I went to the BVA before I had the results of that first C&P.

I would say, the VA. just never bothered to acquire the most

important

medical records which did later prove that I was in treatment all

alone. They had only my sick bay records. Then the VA took the " New

and Material Evidence medical records and tried to turn them into a

personality Disorder. Not my first C&P Though and the Judge did

reward him.

I am not sure what you call this?

WE shall not wait long, for I was told today the AMC rated the claim

and sent the result to the R.O to type up.

Thanks so much,

Betty

Edited March 16, 2008 by Josephine