Bva Service Connection

[Josephine]

time to free up some space.

Betty

Edited May 16, 2008 by Josephine

[mountain tyme]

Good Morning Betty...I did a little time sheet to figure out what the VA "should do" ...your question "Now question please, with the Non service connected pension at 50% in 1983 can the VA come in with 10% beginning in 1992."

1.) based on the information you have posted...that back in 1992 VA granted you a nsc pension where 50% was based on anixity...I would think that the VA will now base your rate of your retro for anixity at 50% starting back to 1992...as it's base...then I would say that the VA will base increases based on the medical documentation that had been submitted from 1992-to present time.

2.) What the VA rater will need to determine is at what point from 1992 did your condition increase to the point to merit UI based on the aniexity alone...and only the VA can answer that based on the medical documentation you have submitted since 1992.

3.) I feel strongly that your retro will be based on 50% as it's starting point...from 1992-2003 (when va pension was granted) then from 2003- to present the VA will grant 70%.

4.) Now here is the zinger...what year will the VA determine that you are 70% UI/PT...even though you submitted UI paper work years back in 1992 (not sure if that is the right date) that was based on all your conditions that were considered nsc at the time...of those conditions your now s/c disability was rated for the purpose of the nsc pension at 50%...which that soley on it's own merit would not have given you UI at the time.

So now the VA will need to determine when your s/c disability increased enough to warrent a grant of UI...as I stated before I feel strongly that the VA will grant you 70% at the 100% rate for UI/TP once you submitt the UI form...and you are still thinking...I already submitted that back in 1992...Betty that is a Moot point because that UI form was submitted for your nsc pension...and your now s/c disability would not have merited UI back in 1992 and you would have been denied UI at that time.

This is just my guess but I think after reading everything the VA will most likely grant

1992-2003 50%

2003-2008 70%

and once you submitt the UI form they will most likely give you UI/PT from 2007 to present. that is just my thoughts...

BUT YOU WILL GET 50% from 1992...what the va will determine from there is only a guess...

Sometimes it is far better to Thank the Good Lord for what we have today...and let the rest just go...in order to find peace...in the end none of this will even matter what will matter is that you have your family and friends that have supported you all though this ordeal...that you have found vindication that the truth was told and accepted...what the percentage was or should be is only a number Betty...it will eat you up if you don't let it go...the stress alone will cause you more health problems then what? will all this stress cause you to have a heart attack? if so then the VA did win...so think about going forward you won the victory...and the greatest prize is that you are still young and healthy enough to enjoy the spoils...

May God keep you Betty and all those you love safe in his Loving Embrace...

MT

[Josephine]

Good Morning Betty...I did a little time sheet to figure out what the VA "should do" ...your question "Now question please, with the Non service connected pension at 50% in 1983 can the VA come in with 10% beginning in 1992."

Received letter today:

1992 - 1996 - 10%

1997 - 2004 - 50%

2005 to present 70%

Husband was not added

They gave me 10% in 1992 because I had been married for twenty years,

got along with my spouse, and children and had some friends. But they

also put in that I quit working in a public place in 1983 because I

favored to work at home.

A treatment record from Dr. Payne dated August 31,

1983, noted you worked a high stress job at Enxxx Mxxxxx. However,

there is no indication that you were having trouble handling that

stress. Several personal events occured over the years, causing acute

increases in your anxiety.

I never once said that I wanted to work at home, I would like to see

that in writing.

No mention of how much retro.

Will wait for check, cash it, and then hire a lawyer.

Thanks Betty

1.) based on the information you have posted...that back in 1992 VA granted you a nsc pension where 50% was based on anixity...I would think that the VA will now base your rate of your retro for anixity at 50% starting back to 1992...as it's base...then I would say that the VA will base increases based on the medical documentation that had been submitted from 1992-to present time.

2.) What the VA rater will need to determine is at what point from 1992 did your condition increase to the point to merit UI based on the aniexity alone...and only the VA can answer that based on the medical documentation you have submitted since 1992.

3.) I feel strongly that your retro will be based on 50% as it's starting point...from 1992-2003 (when va pension was granted) then from 2003- to present the VA will grant 70%.

4.) Now here is the zinger...what year will the VA determine that you are 70% UI/PT...even though you submitted UI paper work years back in 1992 (not sure if that is the right date) that was based on all your conditions that were considered nsc at the time...of those conditions your now s/c disability was rated for the purpose of the nsc pension at 50%...which that soley on it's own merit would not have given you UI at the time.

So now the VA will need to determine when your s/c disability increased enough to warrent a grant of UI...as I stated before I feel strongly that the VA will grant you 70% at the 100% rate for UI/TP once you submitt the UI form...and you are still thinking...I already submitted that back in 1992...Betty that is a Moot point because that UI form was submitted for your nsc pension...and your now s/c disability would not have merited UI back in 1992 and you would have been denied UI at that time.

This is just my guess but I think after reading everything the VA will most likely grant

1992-2003 50%

2003-2008 70%

and once you submitt the UI form they will most likely give you UI/PT from 2007 to present. that is just my thoughts...

BUT YOU WILL GET 50% from 1992...what the va will determine from there is only a guess...

Sometimes it is far better to Thank the Good Lord for what we have today...and let the rest just go...in order to find peace...in the end none of this will even matter what will matter is that you have your family and friends that have supported you all though this ordeal...that you have found vindication that the truth was told and accepted...what the percentage was or should be is only a number Betty...it will eat you up if you don't let it go...the stress alone will cause you more health problems then what? will all this stress cause you to have a heart attack? if so then the VA did win...so think about going forward you won the victory...and the greatest prize is that you are still young and healthy enough to enjoy the spoils...

May God keep you Betty and all those you love safe in his Loving Embrace...

MT

[mountain tyme]

Betty...

I would definantly nod the 10%...and request a rating of 50% starting back to 1992...it doesn't make sence that at all..unless there is something in writing as the VA states...as to why...think it over before you hire a lawyer...you may be able to do it yourself...have your doctor write you a letter stating that your condition prevented you from working and substaning employment and that your condition merited the 50% rating! As evidence I would kick in there nsc pension rating that the VA did back in 92 to indicte that the VA itself considered you at the 50% rating back then...you will prevail...I am shocked to say the least! Also submit your UI paperwork and have them back track it to when you submitted the new evidence you discovered in your miltary records...

but it is a start...at least now you know what to do and how to do it...

whew...

MT

[Pete53]

Damn and these idiots call themselves professionals. Any job for panic or anxiety disorder is high stress. Its not the job its the disorder. We served in the Military damit.

[tssnave]

Betty, ~~~~~~~~~~~~ Thanks for your candor & Moutain Thyme's analysis ~~~~~~~~~~~~~~~~~~~~

I have just printed and read all of your VA paperwork and this thread. First I want to thank you for posting the papers - it is much easier to figure out what the VA is doing when you can read the actual papers. It is also very instructive to other vets to see what they're doing and, from an emotional standpoing, reading a case where you know the person has a lot more impact than just reading cases on the internet.

I believe Mountain Thyme is right on in her assessment of your case. Most of her comments line up with my thinking - only she is able to write it out clearly. My thanks to her as well for her anaylsis.

Thanks,

TS

~~~~~~~~~~~~ Thanks for your candor & Moutain Thyme's analysis ~~~~~~~~~~~~~~~~~~~~

Edited May 16, 2008 by tssnave

[tssnave]

~~~~~~~~~~~~ Pension Decision Review - 50% Anxiety ~~~~~~~~~~~~~~~~~~~~

Betty, have you posted the rest of your Feb 27, 2004 Decision for pension some place else? The reason I ask is that you have stated that they awarded you 50% for anxiety in that Decision but I only have pages 1-3 of the pension decision and they do not break down the percentages for each disorder on the pages you posted here (now, if I've missed a page in the printing, please point that out to me or just post the remaing pages 4-?? of the pension decsion to make it easier for this not so technical old vet).

We will need the later pages of the pension decision where the VA awarded you 50% for anxiety to best help you write your NOD so please post the pages of your pension decision beyond the three pages you've already posted.

Thanks,

TS

~~~~~~~~~~~~ Pension Decision Review - 50% Anxiety ~~~~~~~~~~~~~~~~~~~~

Edited May 16, 2008 by tssnave