Only Two Pages 1971 Claim

[gp747]

i filed a claim in 1971 and can only find two pages in my c-file one

is the denial and the other is some sort of diagnoses from va hospital

with a diagnoses of schizophrenic reaction schizo affective type and

alcohol addiction.

on the denial they ignored everything else but the alcohol and said was

due to own misconduct . how do you be schizo by your own will i think

i have reason to challenge this decision and have it vacated.

when i filed the claim was for nervous condition was not appealed at that

time. i later many years filed claim for same thing was denied and sent to

appeals denied there also.

i was homeless the first time and in a very unstable state the second time

and did not know laws about this stuff did not follow up did not know was

even being appealed.i have claims at varo now and will wait on outcome

but need to get prepared for any legal fight in case i am denied.

also when i was hospitalized in vietnam doctors made sure

on diagnoses was not due to own misconduct.

Lifting the Stay of Secondary claims for Alcohol and Drug abuse disabilities

What the Federal Circuit held in Allen

In Allen v. Principi, 237 F.3d 1368 (Fed. Cir. 2001), rehearing en banc denied, 268 F.3d 1340 (2001), the Federal Circuit found that 38 U.S.C. § 1110 permits a veteran to receive compensation for an alcohol-abuse or drug-abuse disability acquired as secondary to, or as a symptom of, a veteran’s service-connected disability. According to the Federal Circuit, section 1110 precludes compensation only in two situations: 1) for primary alcohol abuse disabilities; and 2) for secondary disabilities (such as cirrhosis of the liver) that result from primary alcohol abuse. The Federal Circuit defined “primary” as meaning an alcohol abuse disability arising during service from voluntary and willful drinking to excess.

Prospects for further litigation on Allen

A petition was filed at the Federal Circuit to request that the full court (en banc) rehear the Allen case. This rehearing request was denied. General Counsel has since worked with Compensation and Pension Service and the Department of Justice to determine the feasibility of appealing this case to the Supreme Court. The Department of Justice ultimately decided not to pursue further litigation.

The effect of this decision on the stay

Since the Allen litigation is now complete, the stay of these claims is immediately lifted. Adjudicating cases under the Allen decision means that veterans can obtain compensation for alcohol or drug-abuse related disabilities where the substance abuse is secondary to a service connected condition, such as a mental disorder. In addition, substance abuse may be a symptom of worsening of a service-connected condition resulting in a higher rating for that condition. It is up to the decision maker to determine whether an alcohol or drug abuse disability is actually caused by a service-connected disability.

All inquiries on filing or reopening a claim for the above mentioned disabilities should be directed to your County Veterans Service Office or to the Dept. of WI. VFW State Service Officer.

what i need to know is could it affect my 1971 claim

Edited December 28, 2008 by skunk

[gp747]

i filed a claim in 1971 and can only find two pages in my c-file one

is the denial and the other is some sort of diagnoses from va hospital

with a diagnoses of schizophrenic reaction schizo affective type and

alcohol addiction.

on the denial they ignored everything else but the alcohol and said was

due to own misconduct . how do you be schizo by your own will i think

i have reason to challenge this decision and have it vacated.

when i filed the claim was for nervous condition was not appealed at that

time. i later many years filed claim for same thing was denied and sent to

appeals denied there also.

i was homeless the first time and in a very unstable state the second time

and did not know laws about this stuff did not follow up did not know was

even being appealed.i have claims at varo now and will wait on outcome

but need to get prepared for any legal fight in case i am denied.

also when i was hospitalized in vietnam doctors made sure

on diagnoses was not due to own misconduct.

Lifting the Stay of Secondary claims for Alcohol and Drug abuse disabilities

What the Federal Circuit held in Allen

In Allen v. Principi, 237 F.3d 1368 (Fed. Cir. 2001), rehearing en banc denied, 268 F.3d 1340 (2001), the Federal Circuit found that 38 U.S.C. § 1110 permits a veteran to receive compensation for an alcohol-abuse or drug-abuse disability acquired as secondary to, or as a symptom of, a veteran's service-connected disability. According to the Federal Circuit, section 1110 precludes compensation only in two situations: 1) for primary alcohol abuse disabilities; and 2) for secondary disabilities (such as cirrhosis of the liver) that result from primary alcohol abuse. The Federal Circuit defined "primary" as meaning an alcohol abuse disability arising during service from voluntary and willful drinking to excess.

Prospects for further litigation on Allen

A petition was filed at the Federal Circuit to request that the full court (en banc) rehear the Allen case. This rehearing request was denied. General Counsel has since worked with Compensation and Pension Service and the Department of Justice to determine the feasibility of appealing this case to the Supreme Court. The Department of Justice ultimately decided not to pursue further litigation.

The effect of this decision on the stay

Since the Allen litigation is now complete, the stay of these claims is immediately lifted. Adjudicating cases under the Allen decision means that veterans can obtain compensation for alcohol or drug-abuse related disabilities where the substance abuse is secondary to a service connected condition, such as a mental disorder. In addition, substance abuse may be a symptom of worsening of a service-connected condition resulting in a higher rating for that condition. It is up to the decision maker to determine whether an alcohol or drug abuse disability is actually caused by a service-connected disability.

All inquiries on filing or reopening a claim for the above mentioned disabilities should be directed to your County Veterans Service Office or to the Dept. of WI. VFW State Service Officer.

what i need to know is could it affect my 1971 claim

can i file on this 1971 claim if this is retroactive which i do not know

[john999]

How long had you been out of the service when you filed your 1971 claim. If the VA said schizophrenia then there is no way it can be due to misconduct. This seems ripe for a possible CUE. It is like saying you have a broken back, but also alcohol abuse so no SC for your back. You could have had alcohol abuse and drug abuse but that is superimposed on schizophrenia. Were you ever hospitalized in service for mental problems? I would try and find a lawyer to see if he/she would run with this.

If you filed your original claim within one year of discharge you were severely screwed.

[gp747]

How long had you been out of the service when you filed your 1971 claim. If the VA said schizophrenia then there is no way it can be due to misconduct. This seems ripe for a possible CUE. It is like saying you have a broken back, but also alcohol abuse so no SC for your back. You could have had alcohol abuse and drug abuse but that is superimposed on schizophrenia. Were you ever hospitalized in service for mental problems? I would try and find a lawyer to see if he/she would run with this.

If you filed your original claim within one year of discharge you were severely screwed.

john thatis how i won my claim in 2008 i was hospitalised in vietnam for bizarre behavior breakdown

[gp747]

How long had you been out of the service when you filed your 1971 claim. If the VA said schizophrenia then there is no way it can be due to misconduct. This seems ripe for a possible CUE. It is like saying you have a broken back, but also alcohol abuse so no SC for your back. You could have had alcohol abuse and drug abuse but that is superimposed on schizophrenia. Were you ever hospitalized in service for mental problems? I would try and find a lawyer to see if he/she would run with this.

If you filed your original claim within one year of discharge you were severely screwed.

it was longer than one year , but i was hospitalized in vietnam and 2008 award said

bi-polar i was self medicating

[gp747]

i have sent karl kaz this information i hope they will take it

[john999]

Me, you and Rockhound have similar cases. Back in the 60's and 70's the VA rating decisions were a joke. I got a two page decision as well with no appeal rights or even a C&P exam. They just rated me on my military record and my two week stay in a VA hospital in 1972. I think some organization filed on my behalf while I was in the nuthouse. I don't remember. I had also filed for a discharge upgrade. I was kicked out for being a PD and then the VA decided I was schizophrenic, but only 10% even though I could not work at the time. I spent two months in a military hospital after Vietnam for observation and drug abuse. I was not a drug addict at that time, but I was acting pretty crazy. I took drugs to self medicate. I just felt like a ping pong ball. I was being batted around and I was batting myself around and did not know how to stop it.