HadIt.com Elder john999 Posted March 17, 2008 HadIt.com Elder Share Posted March 17, 2008 Pursue that early 1964 date if possible since the VA conspired to destroy your records. Maybe this is why they are saying you are their "special case" because you could embarass them badly. When the dust settles get the lawyer to look it over. Who knows what else might turn up? What they did to you does not pass the smell test and you have the goods on them I think. Link to comment Share on other sites More sharing options...
mitchell3006 Posted March 17, 2008 Share Posted March 17, 2008 Betty, Congratulations, just turned the computer on after camping for a week and decided to hunt for your latest post. Guess GOD told me the good news first. Something told me it would be here. Mark Link to comment Share on other sites More sharing options...
hurryupnwait Posted March 17, 2008 Share Posted March 17, 2008 (edited) Pursue that early 1964 date if possible since the VA conspired to destroy your records. Maybe this is why they are saying you are their "special case" because you could embarass them badly. So Betty, embarrass them badly When the dust settles get the lawyer to look it over. Who knows what else might turn up? What they did to you does not pass the smell test and you have the goods on them I think. Edited March 17, 2008 by hurryupnwait Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 17, 2008 Author HadIt.com Elder Share Posted March 17, 2008 Betty, I checked the board just to see if there was any word on your claim. CONGRATULATIONS ON THE 100%!! I am so happy for you and proud of you for sticking with your claim and also for sharing the credit with the hadit community who helped you. Like you, I know I couldn't have done my NOD as well as I did without hadit. Tom, Without this group, I would still be dodging pot holes. I have one leg shorter than the other from all of it. Guess who is dodging the pot holes now. I turned it around on the VA, BVA, and the AMC. Betty, why don't you call up Ms Moye and ask her since the VA clearly knows that they have to address the EED of 1983 for 100% if there's anything you can provide for them to go back to 1978 when you originally filed. Tell her what papers you have and ask her if there's anything that you have that she doesn't have that would help the rater. She told me today, Huntington Resource Center has the earlier filing date. I knew that they did. For that matter, since you were obviously improperly treated when you left service with them telling you that you had no rights to benefits and they would destroy your records I would be real curious to tell Ms Moye that based on the letter you and the LT signed saying they'd destroy your records and you had no benefits that you were unlawfully let to believe you were prevented from applying for benefits after you left service (did you do anything to apply for benefits right after you left service)? I sent the BVA a copy of that paper. They entered it into new evidence. It was only because the doc saw the bs the Navy was trying to pull that he kept your records safe to be "discovered" by you later. Bless his Heart he knew everything and he has been protecting me all these years. Not many like him out there. I would ask her if they would consider an EED from 1964 since you obviously weren't fit to work at that time since the Navy booted you out and you had been unlawfully told that you could not apply for benefits. I am going to see how they scramble this one. In light of Dr. Crowley's evaluation of the medical records. The veteran was given tranquilizer Librium by Dr B. C. Campxxx for the treatment of anxiety as documented in her SMR'S and it is also clarified in his letter of May 10, 2005, and has continued with symptomatic treatment for anxiety for the last 44 years with the physicians listed above. After the brief evaluations by Drs. MC Mahxxx and Jones in March 1964, the veteran was deemed unsuitable for continuing military service due to a Personality Disorder, and was discharged without medical or other benefits. Summary of Professional Opinion: My review of the records show no documentation which would support the diagnosis of Personality Disorder. There simply are no data which would support that diagnosis under the criteria provided in the Diagnostic and Stastical Manual of the American Psychiatric Association. No psychological or personality testing was done. There was never any showing of an " enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture... is inflexible and pervasive across a broad rage of personal and social situations... is stable and of long duration... (and) is not better accounted for as a manifestation or consequence of another mental disorder." DSM IV TR, pages 287 - 288. The " other mental disorder" which she clearly DID and DOES have, and for which she has been treated for 43 years, is Anxiety Disorder. The veteran had no childhood psychiatric, difficulties or treatment, Her anxiety disorder began during her time in service. She has been treated for anxiety disorder for 43 years by a number of physicians. Diagnosis: 300.00 Anxiety Disorder, NOS,Chronic, Severe, with Depressive Features. This chronic, and in this veterans' case, disabling, mental disorder first manifested itself while in service and has required treatment ever since. There is no evidence to support the diagnosis of personality disorder made in 1964 and used as a basis for her separation from service. Sincerely. B. Cxxxx M.D. D.L.F.P.A. No matter what EED they give you, if it isn't the day after you left service, after you have your retro check in your hot sweaty little hands (to include the retro for being married because if it was like my claim they sent my retro check and then I had to prove I was married - even though my marriage cert was in the original packet - and in another month or so they sent the married retro - hey, did you have kids at home in 1983? Yes, I did, For 1978, One daughter was 8 and one 12 and in 1983 one would be 13 and 17. - that would affect your retro as well). Also, I would wait until I started getting my VA checks in the bank monthly and all the dust settled BUT BEFORE ONE YEAR ELAPSED and then I would ask an attorney if there's any way to go back to the date of discharge due to the letter the LT signed saying they were going to destroy your records. Since the doc saved them and will back you up that it was bogus admin meant to keep you quiet, perhaps there's either a VA precident that would let you go back to 1964 or the courts would see through it and you could win there. Just a thought. I may be getting ahead of myself but I am just so happy for you. Of course, I just thought about this too - since you DID sign away your rights to benefits perhaps that's one piece of evidence I'd just keep in my safe box. Back to 1983 or 1978 sounds good. It sounds wonderful to me. Also, and I think it was Free month's ago who posted this info when her husband passed away, take the money OUT of the bank account they deposit it in because they can take it out without your permission. Also, I believe they can take it out of any other account you have (again, I believe it was Free who had this problem but I may be getting my members confused) with that same bank. I will move that money constantly from one bank to another. If you haven't already done so, open a NEW account with a NEW bank (one that you do not currently have any banking relationship with) so you have an account just for your VA check. You can always write a check and deposit it into another bank account or transfer it online but ever since I read the post some time ago where they froze a widow's joing checking account (and if I'm not mistaken took money out of a savings account at the same bank) I have wished I had opened a new account at a new bank just for my VA so they couldn't monkey with any of my savings or other funds. Since you have such a big retro I would do everything I could to protect it from them coming after it for some reason. Something to consider. Thanks I am thankful you've had a husband to take care of you and your comments about male vets is well taken. There are so many homeless vets and I believe they are the ones who fall through the cracks. I thank God every day for my wonderful better half! Betty, congratulations again and thank you for being an inspiration to us all and proving that a valid claim, if handled tenaciously with overwhelming evidence will ultimately prevail. Thanks so much, Tom! God Bless you and everyone on hadit who shares in your joy, TS Snave Thank so much and so appreciate, Betty Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 17, 2008 Author HadIt.com Elder Share Posted March 17, 2008 1. Change your profile to say 100%, you've earned it! 2. Start looking for a good financial advisor. You'll need to do something with that retro check in a few months. Remember, the FDIC only insures up to 100K in a bank, so make some sound investments. But, of course, spend some of it on absolute crap...you deserve it! Shane, I will change it when the paper is actually in my hands. Don't think that I am superstitious or anything? Both of my daughters are prepared to help their poor old decrepted mother invest the money. I bet you had guessed that one though. No, they have been absolutely wonderful to help me thoughout this mess. Always, Betty Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 17, 2008 Author HadIt.com Elder Share Posted March 17, 2008 Betty, Congratulations, just turned the computer on after camping for a week and decided to hunt for your latest post. Guess GOD told me the good news first. Something told me it would be here. Mark Mark, Thanks so much. This one has been a long journey for all of us. We did it!!! Always, Betty Link to comment Share on other sites More sharing options...
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