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

[Josephine]

Hi Betty

I ve been dancing down the hallways for ya. This is great news. I m elated.

The trip over the mountain in the rain to DC was the trip of a lifetime that put closure to a 44 year injustice.

Free really knows her stuff, she has explored the options you could take with just about any decision the VA makes.

In writing my own NOD, I used Free's reasoning on my claim, I also used quotes from Berta and many others here on Hadit.

I decided to send the NOD and a letter to the Law Office of Ken Carpenter for review, his office called me back and wanted to represent me. I gave it a lot of thought and decided to sign a contract with his office. He is writing the NOD.

Happy Trails

Paul

Paul,

I am so happy for you. I am glad that you decided to take the plunge and go on with your claim.

From what I can read of my claim, if I am not at least paid back to 1992, I will be doing to same thing.

I will always have fond memories of my day of traveling over Walton's Mountain.

I see now why John Boy and the rest of the Waltons were so happy.

Free has really did a lot of research into my claim, but then so many others have also.

This was a group win on this claim.

Always the Best to You,

Betty

[john999]

Betty

I guess I would nail down 100% P&T as my first order of business. I would appeal for this rating. I would not let the decision become final. You have not even gotten your rating percentage yet. I would ask for the moon, sun and stars. A rational mind would say that when you were found to be totally disabled for pension purpose for chronic anxiety disorder that should be the date your 100% SC rating should begin because the records existed but the VA did not get them. I know the VA has all sorts of ways of getting out of paying just retro, but keep the injustice in mind.

[Josephine]

Betty

I guess I would nail down 100% P&T as my first order of business. I would appeal for this rating. I would not let the decision become final. You have not even gotten your rating percentage yet. I would ask for the moon, sun and stars. A rational mind would say that when you were found to be totally disabled for pension purpose for chronic anxiety disorder that should be the date your 100% SC rating should begin because the records existed but the VA did not get them. I know the VA has all sorts of ways of getting out of paying just retro, but keep the injustice in mind.

Thanks John,

I guess since the Judge did not specify what the Rater at the AMC is susposed to do, at this point, I am at their mercy.

When I get this decision, then I can continue to move forward, until they give me what they owe me.

You are right about the NSC Pension, they only awarded me the thing, to shut me up and knew that they would never pay me a dime .

Those 10 pages to appease me, may come back to bite them.

Thanks bunches!

Betty

[free_spirit_etc]

I'm not sure how well I "know my stuff" - but I do explore the options. I think that is important in dealing with the VA - It is like tiptoeing through a mine field - where if you step one way - they have another trap waiting for you there. So I think it is important to not just read one case or regulation and think "Yeah. This fits" - but explore FARTHER down that path and see where that can take you. Otherwise - they can let you argue the wrong argument for a long time - knowing that you will lose it at the end.

For instance, arguing a CUE when it is a pending claim. Instead of the VA just saying - it is a pending claim; not a CUE - here is our decision and here is your money ---- They can spend years arguing with you denying that it is a CUE. Then if you are persistent enough, and LIVE long enough - you can finally get to Court (maybe even all the way to Federal Court) to have them decide it is not a CUE, but it IS a pending claim.

You get your money (I guess) after they remand it back to the BVA - but lots of years have gone by in the mean time.

So I do think it is important to not just take a Regulation - Or case, but explore that farther and see where it might lead.

For instance, there is a post in another thread about asking the VA to pay for an IMO -

I also saw that regulation. It looked good. Wow! THEY will PAY for this. But before I moved in that direction, I looked up the BVA cases on cancer - and checked out some of the IMOs they paid for. I was not impressed enough to want to risk my husband's case on their choice.

In some cases they used the people who said that Cancer's onset is the time it is diagnosed.

What a bunch of *&*&(.

I cannot see how they can justify that opinion - but unchallenged - it will stand. And they know if you are asking them to PAY for an IMO, you are less likely to challenge it.

I imagine they do get some good IMO's just like they get some good C&P's. And by good - I don't mean favorable - as much as an adequate one. I think it is horrid that the VA has to rely on inadequate exams to be able to deny benefits. The same with IMOs. I don't trust them enough to ask them to pay for my husband's. They have already sought flimsy opinions from doctors who don't even address the issue. Asknig them to pay for one more would just give them the chance to stack their own deck so they can say 3 of a kind beats an Ace.

I don't know how many errors I made in judgement on Betty's claim. I would tell her to do one thing - search a little deeper - and say NOOOOOOOOOO - Do NOT do THAT!!!!!!!!

I've never seen as system as full of booby traps as the VA. They have them at every term. So I do think it is important to look 80 steps ahead and see the biggest "lay of the land" you can get - before you take off in any one direction.

And I also think it is important to anticipate whatever objections they might raise - and try to address them before they use them. Hopefully, that might knowck a few years off the process (sometimes).

Free

Hi Betty

I ve been dancing down the hallways for ya. This is great news. I m elated.

The trip over the mountain in the rain to DC was the trip of a lifetime that put closure to a 44 year injustice.

Free really knows her stuff, she has explored the options you could take with just about any decision the VA makes.

In writing my own NOD, I used Free's reasoning on my claim, I also used quotes from Berta and many others here on Hadit.

I decided to send the NOD and a letter to the Law Office of Ken Carpenter for review, his office called me back and wanted to represent me. I gave it a lot of thought and decided to sign a contract with his office. He is writing the NOD.

Happy Trails

Paul

[free_spirit_etc]

Yep. Free helps when she is around - and then disappears - and then reappears. But I agree that so many people really stepped up to the plate - and really helped Betty so much.

And I also think Betty needs to really give credit to herself. I am amazed at your skills and ability to get what you needed.

Getting old records that were locked in boxes (records that were supposed to have been destroyed) - getting statements from doctors from years ago - getting the VA to actually give you valid information on your claim sometimes. Calling, writing, and calling again - calling anyone and everyone who could help you. I has been amazing.

I am so happy you won your claim. But last night, after I read this - I went to bed and just started crying - for what you had to go through to get it - and how they tried to destroy you in the process.

And then I was MAD! Just totally mad that they would ever DARE put you thorough that. TO them it is a game. TO you - it is your life.

They dang well had all they needed long ago. Dr. Crolwey's report should not have been neccessary. The first C&P should have done it. But they decided they had to send you for one more exam. The exam where even the nurse told you strange things always seem to happen in that room. They humiliated you, they terrorized you, the lied about you, and tried to destroy you.

You were strong enough to perservere - and yo became stronger and stronger.

But as a citizen of the United States, I apologize on behalf of my country, that any vet should have to be put through that in order to get the benefits they so richly deserve.

Free (a civilian - and a bit ashamed of my country right now)

Paul,

I am so happy for you. I am glad that you decided to take the plunge and go on with your claim.

From what I can read of my claim, if I am not at least paid back to 1992, I will be doing to same thing.

I will always have fond memories of my day of traveling over Walton's Mountain.

I see now why John Boy and the rest of the Waltons were so happy.

Free has really did a lot of research into my claim, but then so many others have also.

This was a group win on this claim.

Always the Best to You,

Betty

[Josephine]

Yep. Free helps when she is around - and then disappears - and then reappears. But I agree that so many people really stepped up to the plate - and really helped Betty so much.

Free, I really thank you. You guys have really kept my spirits high and I have so little to give in return. I had no ideal the VA could be so dirty, maybe not all of them, for I will never forget about Dr. Muller and how those two humiliated him also, with their darn opinion. The Judge did reward him though and those two, look like fools.

And I also think Betty needs to really give credit to herself. I am amazed at your skills and ability to get what you needed.

My husband and daughters say I am much more intelligent than I ever give myself credit for. I thank you.

Getting old records that were locked in boxes (records that were supposed to have been destroyed) - getting statements from doctors from years ago - getting the VA to actually give you valid information on your claim sometimes. Calling, writing, and calling again - calling anyone and everyone who could help you. I has been amazing.

That I did a lot of. I would always read Carlie posting just keep pushing it back in their face until someone reads the info. This I did.

I am so happy you won your claim. But last night, after I read this - I went to bed and just started crying - for what you had to go through to get it - and how they tried to destroy you in the process.

Free, those two honestly tried and I am sure there were others and perhaps though with my story, the BVA just may put a stop to those strange C&P'S from those two.

And then I was MAD! Just totally mad that they would ever DARE put you thorough that. TO them it is a game. TO you - it is your life.

Yes, I was the laugh for the day and many days to follow, but now I believe the BVA has made them the joke.

They dang well had all they needed long ago. Dr. Crolwey's report should not have been neccessary. The first C&P should have done it. But they decided they had to send you for one more exam. The exam where even the nurse told you strange things always seem to happen in that room. They humiliated you, they terrorized you, the lied about you, and tried to destroy you.

If only those strange things will stop now. Perhaps I have saved some innocent parties from this treatment from those two.

You were strong enough to perservere - and yo became stronger and stronger.

Yes, and I just pray the other veterans in that same room, that the nurse mentioned, were as strong also.

But as a citizen of the United States, I apologize on behalf of my country, that any vet should have to be put through that in order to get the benefits they so richly deserve.

Thank You, Free, you always get me to crying.

The VA wanted to save a dollar that day. It all blew up in their face just like your box. It bit the dust.

Always,

Betty

Free (a civilian - and a bit ashamed of my country right now)