Liberalising Law

[gp747]

got something weird and i have not heard of before from ro something about

liberalising law change as i am asking for an earlier date on back-pay . i did not remember i had a claim in for nervous condition in 1971 and won aquired psychiatric in 2008. so i am going for my back pay to 1971 i dont give a damn if decision was final or not.

i have won the same thing i applied for in 1971here in 2008 and intend to follow this through to the supreme court as it is only right and fair to me .

what i am saying is bi-polar name did not exist back then schizo did and you can change the name of the disease but you cannot change the disease on paper.

[gp747]

Did they attempt to verify your stressors via the JSRRC (Joint Service Records Research Center)?

PTSD stressors must be detailed as to time and place-

buddy statements also can be a big help-

Sometimes I suggest vets try to associate a stressor with something in the news back at home that they read in Star and Stripes or heard on the radio in Vietnam- for a time frame that can help define when the stressor occurred.

Also before or after the monsoons or major holidays-

Many of these stressors are established by Unit reports.

A buddy statement can be invaluable but the buddy's MOS must put them in exactly the same time and place as you were when the stressor occurred.

I dont know but I imagine that as a duece and half driver-which my husband was in Vietnam (USMC)you did encounter many stressors.

One of his statements in his PTSD questionaire was his Vietnam MOS-I have it here-

truck driver,transported ammo, artillery, water,fuel, personnel alive and dead.

He also was in firefights etc- but the transport of dead-in one situation- was one of his main stressors and was verified somehow the very day he was diagnosed- by either the VA director or their head shrink- as one of them was in Vietnam when this happened- a recovery volunteer job by about 15-20 Marines which was so horrible he could hardly talk about it.It was in the news back home too.

If you perhaps transported dead soldiers - can you remember when and where and why?

It doesnt pay to hold back on the PTSD questionnaire-I thought my husband was going to have a heart attack filling it out-I dont know why he even had to as he was already SC for PTSD but this was for the 21 day PTSD VAMC program-

It took him a week of pacing and not sleeping-

Names of any deceased comrades are important and as close to their date of death as possible,also he recalled events that coincided with Hanoi Hannah and the time of year she was spouting off.

And even when Cardinal Cushing was in Vietnam-Dec 1964- that was right before Christmas 1964 and they then had a horrific fire fight where he encountered another major stressor during the battle.

Details are definitely needed for stressors that help the JSRRC pinpoint when and where to search for the proof of them in the unit records of battles and skirmishes as well as the unit casualty list.

I know these things happened long ago but if you can associate them as to a time frame and also where your unit was at the time (and name any deceased whose deaths were stressors to you) it can make a big difference in how much info the JSRRC can find.

oh my gosh that sounds like me through and through i have to get to work.

[gp747]

i am going fot it all the way 1971 or bust cavc supreme whatever it takes

after i get out of varo i am going to hit a lawyer and bust this game up.

some one said something about going to their grave with a nod in their hand i am getting on the boat

Edited December 22, 2008 by skunk

[WhoopAssSmitty]

i am going fot it all the way 1971 or bust cavc supreme whatever it takes

after i get out of varo i am going to hit a lawyer and bust this game up.

some one said something about going to their grave with a nod in their hand i am getting on the boat

Skunk,

What would help your claim alot is supporting statements from fellow soldiers, officers, etc....from when you were there. Surely over that time frame, you made some contacts.

If not, you've certainly had a chance over the years to run across some body, who can support your story, right?

Wish you lots of luck with your claim.

Whoop

[john999]

Skunk

Your claim sounds so much like mine in certain ways. I was granted 10% for a mental disorder effective 12/1971. I was low balled, but was in such a state I did not appeal the decision. I did not even get appeal rights with my decision, so I had no idea I could appeal. The decision became final. I discovered records in my C-File the VA had not considered in the original decision. I hired Karl Kat.... to do my CUE. He will look over your claim and make a decision if he wants to take your case. I could not get any of the local lawyers to do my CUE since they did not know how to do it, and were afraid to risk their time. These CUE's are crapshoots but what do you have to lose if Karl takes your claim? Where did the 1971 claim become final? If at VARO then you must file at VARO. If BVA then at the BVA. Better I think if it died at the VARO since they make so many gross errors. Go for it.

[gp747]

Skunk

Your claim sounds so much like mine in certain ways. I was granted 10% for a mental disorder effective 12/1971. I was low balled, but was in such a state I did not appeal the decision. I did not even get appeal rights with my decision, so I had no idea I could appeal. The decision became final. I discovered records in my C-File the VA had not considered in the original decision. I hired Karl Kat.... to do my CUE. He will look over your claim and make a decision if he wants to take your case. I could not get any of the local lawyers to do my CUE since they did not know how to do it, and were afraid to risk their time. These CUE's are crapshoots but what do you have to lose if Karl takes your claim? Where did the 1971 claim become final? If at VARO then you must file at VARO. If BVA then at the BVA. Better I think if it died at the VARO since they make so many gross errors. Go for it.

DIED AT VARO SOUNDS LIKE EXACTLY SAME EXCEPT I WAS DENIED

Edited December 22, 2008 by skunk

[gp747]

Skunk,

What would help your claim alot is supporting statements from fellow soldiers, officers, etc....from when you were there. Surely over that time frame, you made some contacts.

If not, you've certainly had a chance over the years to run across some body, who can support your story, right?

Wish you lots of luck with your claim.

Whoop

THERE IS ONE GUY IF HE IS STILL ALIVE I TALKED TO HIM ABOUT 8 YEARS AGO