Claim For Pension / Compensation

[free_spirit_etc]

Since the VA went back to 1992 on your effective date - because of SMR's not being in your file in 1992 - it would look like they should go back to pre-1983.

I am not clear on why they are not going back to the date you filed the claim, where they found you were eligible for the non-service connected pension. That should now be considered a claim also for compensation for the anxiety / headaches (and the SMR's that weren't available in 1992 - weren't available back then either.

§3.151 Claims for disability benefits.

(a) General. A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. (38 U.S.C. 5101(a)). A claim by a veteran for compensation may be considered to be a claim for pension; and a claim by a veteran for pension may be considered to be a claim for compensation. The greater benefit will be awarded, unless the claimant specifically elects the lesser benefit.

[Josephine]

Since the VA went back to 1992 on your effective date - because of SMR's not being in your file in 1992 - it would look like they should go back to pre-1983.

I am not clear on why they are not going back to the date you filed the claim, where they found you were eligible for the non-service connected pension. That should now be considered a claim also for compensation for the anxiety / headaches (and the SMR's that weren't available in 1992 - weren't available back then either.

§3.151 Claims for disability benefits.

(a) General. A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. (38 U.S.C. 5101(a)). A claim by a veteran for compensation may be considered to be a claim for pension; and a claim by a veteran for pension may be considered to be a claim for compensation. The greater benefit will be awarded, unless the claimant specifically elects the lesser benefit.

Free,

I have come to the conculsion the VA makes up their own rules as they

apply best to them.

Right now, I am in the process of letting them check me and my

husband of 44 years to make sure we are still married.

Make sure he is still alive and all those things the toll free number

said they needed to do.

I guess next they will do a check to see how long it will take

for either one of us to die so that they don't have to pay us

anything.

The Service Manager wrote this morning saying he would be starting

the claim for the TDIU.

I bet that means another C&P.

The VA will come out on the loosing end, for they have driven

me crazy over this claim.

I will be lucky to know my name by the time I worry about another

C&P and this time it had better not be with those two quacks again.

I will not go in alone with any doctor again, they can just call

Security on me.

No more games and laughs on me.

Thanks Free,

Betty

Edited June 16, 2008 by Josephine

[carlie]

Betty,

You posted,

"The Service Manager wrote this morning he would be starting the claim

for the TDIU.

I bet that means another C&P.

The VA will come out on the loosing end, for they have driven

me crazy over what they gave me.

I will be lucky to know my name by the time I worry about another

C&P and this time it had better not be with those two quacks again."

Please for your own sake, keep in mind that everything (if not an 1151 claim)

must relate to Military and Medical Evidence.

Any emotional problems resulting from VA decisions - do not relate to

Service Connected Disability or Pension Issues.

VA decisions exacerbate many emotional issues but these issues do not become secondary due to treatment of the veteran by VARO or raters.

Don't be pulled into the spiders web with this.

jmho,

carlie

[Josephine]

Betty,

You posted,

"The Service Manager wrote this morning he would be starting the claim

for the TDIU.

I bet that means another C&P.

The VA will come out on the loosing end, for they have driven

me crazy over what they gave me.

I will be lucky to know my name by the time I worry about another

C&P and this time it had better not be with those two quacks again."

Please for your own sake, keep in mind that everything (if not an 1151 claim)

must relate to Military and Medical Evidence.

Any emotional problems resulting from VA decisions - do not relate to

Service Connected Disability or Pension Issues.

VA decisions exacerbate many emotional issues but these issues do not become secondary due to treatment of the veteran by VARO or raters.

Don't be pulled into the spiders web with this.

jmho,

carlie

Carlie,

What I meant was those two doctors did something to my brain thinking.

I can't think straight any more. I can't understand simple English.

I used to be so bright and sharp, but not any more.

Something happened in that room. One it was Hypnosis as I suspect

or I had a nervous breakdown.

I can only remember seeing myself in that room and hearing strange

worded questions, but I have no memory of what really happened.

I feel like someone has took my brain and drained it of its

contents.

I ask myself everyday, what happened to my brain and common sense.

It all left me that day.

This may not even make sense.

Betty

[john999]

Betty

If you don't have PTSD or a mental disorder when you start dealing with the VA you will have by the time you finish. This is a well known fact. I think we all agree on that. You will be paranoid and distrustful, anxious and depressed after dealing with the veterans administration.

[Josephine]

Betty

If you don't have PTSD or a mental disorder when you start dealing with the VA you will have by the time you finish. This is a well known fact. I think we all agree on that. You will be paranoid and distrustful, anxious and depressed after dealing with the veterans administration.

John,

That is exactly how I feel. I feel that I will be walking into a trap.

I am hoping they won't send me for another C&P, for at times I don't

make any sense.

My brain is shot. When I thought I had some sense, they gave me a

GAF of 40, now I don't know what it would be years later.

I was fearful enough before I started this claim and now 8 years

down the road, I am petrified of them all.

Thanks a bunch!

Betty

[free_spirit_etc]

I kind of got what Carlie was saying (I think) that no matter what the VA does to you - that can't be considered a "stressor" that "caused" anything.

However, I sometimes wonder how much they hold the veteran's own functioning ability with THEM against the veteran in psych claims.

For instance, they may think if you build a good case, or create a strong argument -that means you can function well at work. Or if you are that smart, you must not be disabled.

That is a common misconception with many mental disorders, people think they HAVE to affect your intelligence to be considered "disabling." Not so.

You CAN be extremely intelligent AND have a disabling mental condition.

Free

John,

That is exactly how I feel. I feel that I will be walking into a trap.

I am hoping they won't send me for another C&P, for at times I don't

make any sense.

My brain is shot. When I thought I had some sense, they gave me a

GAF of 40, now I don't know what it would be years later.

I was fearful enough before I started this claim and now 8 years

down the road, I am petrified of them all.

Thanks a bunch!

Betty