HadIt.com Elder Wings Posted March 16, 2008 HadIt.com Elder Share Posted March 16, 2008 Wings, In order to receive my early discharge I had to bargain myself out with being told that I would be giving up my G.I Benefits. I believed this story, for it was so pounded in my head. I was discharged in 1964 and my husband kept telling me it was all a lie, but hard headed me was fearful of the VA and it wasn't until I told my story to a realtor and he also did not believe I had given away anything. This was in 1978 some 14 years after discharge. I walked in to the R. O and did just as he told me I filed for everything I could file for. I even filed for a home loan eligibility paper. I didn't even know I was approved for that home loan until many years later. I did receive a small short note from the counselor at that R.O within 30 days that I was not service connected. I was certain, well, Indeed I had given up my G. I Benefits. It was in 1987, when we were looking to purchase our second home, I received a call from the contractor, " why not use your home eligibility instead of my husbands, also a Vietnam Vet. " In 1987, I used the home loan. Yes, the VA hid my medical papers and the works from me. I was always told they never existed. It wasn't until 2004, I wrote to the archives and there they all were. Since that day, it has been a fight of how to get rid of me, because of the retro pay. They knew they would have to at least pay me back to 1978 if this claim was ever approved. I am sure that is why the VA awarded me the NSC Pension with at least unemployable to 1983, to get rid of me, knowing that I would never be able to collect a dime of the money. Yes, I finally beat them. Always, Betty Betty, I was discharged in 1986 with 6 years active service. I was discharged with anxiety and depression, noted on my discharge physical exam. I filed for any and all Veterans benefits at the county vso level, and was told I was not entitled to any benefits because of the OTH discharge. The VARO sent me a letter and said they were doing a "Character of Discharge Determination" and gave me 30 days to submit evidence. I did nothing. About 1 year later, I got a Home Loan Certificate in the mail and filed it, thinking that's it, all the help I'm ever going to get from them?! Never heard a decision about my Character of Discharge. If they had told me they made a decision, they would have had to tell me I was Honorable for VA purposes based on my first term of service; I was raped in my first term. Then, 13 years later a woman vet tells me to file for benefits. I filed for PTSD and was granted 100% TDIU, permanent and total, one year retro. The Archives has a few pages of, "Original Disability Claim" but no details on what type of claim I was filing, with specificity. I went to the same County VSO office and their records show I filed a claim within months of discharge, but they destroy their records after so many years. He did submit a letter to the VARO to say, yes, she filed a claim in 1987. The RO has been sitting on the Form 9 for 18 months and it's already been to the DRO and been deniied twice. My RO cahnged from San Fran to Oakland since my discharge. San Fran closed in like 1988. I think my original claim for disabiliy was lost. My chances for an EED are very slim. You won 'cause St Louis had records that the VA failed to retrieve. Just wanted to tell you that I have been where you have been and I am so glad you caught them red-handed! Good on you Sister vet!! ~Wings Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 16, 2008 Author HadIt.com Elder Share Posted March 16, 2008 (edited) Betty, I was discharged in 1986 with 6 years active service. I was discharged with anxiety and depression, noted on my discharge physical exam. I filed for any and all Veterans benefits at the county vso level, and was told I was not entitled to any benefits because of the OTH discharge. The VARO sent me a letter and said they were doing a "Character of Discharge Determination" and gave me 30 days to submit evidence. I did nothing. About 1 year later, I got a Home Loan Certificate in the mail and filed it, thinking that's it, all the help I'm ever going to get from them?! Never heard a decision about my Character of Discharge. If they had told me they made a decision, they would have had to tell me I was Honorable for VA purposes based on my first term of service; I was raped in my first term. Then, 13 years later a woman vet tells me to file for benefits. I filed for PTSD and was granted 100% TDIU, permanent and total, one year retro. The Archives has a few pages of, "Original Disability Claim" but no details on what type of claim I was filing, with specificity. I went to the same County VSO office and their records show I filed a claim within months of discharge, but they destroy their records after so many years. He did submit a letter to the VARO to say, yes, she filed a claim in 1987. The RO has been sitting on the Form 9 for 18 months and it's already been to the DRO and been deniied twice. My RO cahnged from San Fran to Oakland since my discharge. San Fran closed in like 1988. I think my original claim for disabiliy was lost. My chances for an EED are very slim. You won 'cause St Louis had records that the VA failed to retrieve. Just wanted to tell you that I have been where you have been and I am so glad you caught them red-handed! Good on you Sister vet!! ~Wings -------------------- ~Wings, USAF 1980-1986 70% SC PTSD Sexual Assault 100% TDIU (P&T)Wings, I wish that I knew how to help you, but they are the dirtiest bunch that I have ever dealt with. They deny benefits, hide records and do everything in their power to stop you. Goodness without the group here, we could have never caught them with their pants down. What is the date on the Home Loan Eligility Paper, it would state the date you filed. With me when they thought they were off the hook with that NSC, I think that has backed them against a wall. Thanks a bunch and so much for your help! Betty Edited March 16, 2008 by Josephine Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted March 16, 2008 HadIt.com Elder Share Posted March 16, 2008 Wings, I wish that I knew how to help you, but they are the dirtiest bunch that I have ever dealt with. They deny benefits, hide records and do everything in their power to stop you. Goodness without the group here, we could have never caught them with their pants down. What is the date on the Home Loan Eligility Paper, it would state the date you filed. With me when they thought they were off the hook with that NSC, I think that has backed them against a wall. Thanks a bunch and so much for your help! Betty Betty, You have given me the initiative to keep on keeping on, and maybe get in their face a little lol! I'm so glad your claim was finally SC and the rest will get ironed out. Blessings! ~Wings Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 16, 2008 Author HadIt.com Elder Share Posted March 16, 2008 Betty, You have given me the initiative to keep on keeping on, and maybe get in their face a little lol! I'm so glad your claim was finally SC and the rest will get ironed out. Blessings! ~Wings Thanks so much Wings, Keep right after them! Betty Link to comment Share on other sites More sharing options...
tssnave Posted March 17, 2008 Share Posted March 17, 2008 (edited) 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. 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. 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)? 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. 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. 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? - 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. 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. 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. 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. 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. God Bless you and everyone on hadit who shares in your joy, TS Snave Edited March 17, 2008 by tssnave Link to comment Share on other sites More sharing options...
HadIt.com Elder rentalguy1 Posted March 17, 2008 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! Link to comment Share on other sites More sharing options...
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