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

[steven7]

Hi,this is steven.The forum gives more informative subject(1971 Claim) the original plan envisioned taking control of the major cities on 26 March 1971, and then eliminating all opposition, political or military, within one month. The prolonged Bengali resistance was not anticipated by Pakistani planners. The main phase of Operation Searchlight ended with the fall of the last major town in Bengali hands in mid May. The operation also began the 1971 Bangladesh atrocities. This systematic killings only served to enrage the Bengalis which ultimately resulted in the secession of East Pakistan later in the same year.

And also I will give the details about Alcohol.For this Alcohol people face many problems.Alcohol can poison body parts and don't surprise they go on to the death.For more details please visit us.

===============

steven7

Alcoholism Information

[gp747]

Hi,this is steven.The forum gives more informative subject(1971 Claim) the original plan envisioned taking control of the major cities on 26 March 1971, and then eliminating all opposition, political or military, within one month. The prolonged Bengali resistance was not anticipated by Pakistani planners. The main phase of Operation Searchlight ended with the fall of the last major town in Bengali hands in mid May. The operation also began the 1971 Bangladesh atrocities. This systematic killings only served to enrage the Bengalis which ultimately resulted in the secession of East Pakistan later in the same year.

And also I will give the details about Alcohol.For this Alcohol people face many problems.Alcohol can poison body parts and don't surprise they go on to the death.For more details please visit us.

===============

steven7

Alcoholism Information

appreciate the history of pakistan but what does that have to do with my claim? :D

[john999]

Skunk

I also got a two page decision in 1973. No appeal rights, no discussion, no C&P exam, but just a rating. These old decisions really stink the way they were written. The VA did not list evidence and only used hospital records to make their rating. My evidence they just ignored. It pisses me off because now I have an uphill battle. You sure need a lawyer for this type of claim if you are looking for retro based on CUE.

[gp747]

Skunk

I also got a two page decision in 1973. No appeal rights, no discussion, no C&P exam, but just a rating. These old decisions really stink the way they were written. The VA did not list evidence and only used hospital records to make their rating. My evidence they just ignored. It pisses me off because now I have an uphill battle. You sure need a lawyer for this type of claim if you are looking for retro based on CUE.

they got me also on the one year deal i was discharged in 67, was hospitalized

in vietnam 66 , gave me unable to adapt discharge. first hospitalization in states

was 1971.

[ausgmblr]

skunk, I like u am fairly new to this great site, and also like u in a fight with them I'm not going to give up on. Now what I think on ur sit. U also have learned on research here-have u looked at their manual to see what the rating officers are~~required to do~~at that manual u will also find references to law, and reg's. U are going to need the dates of each claim u filed to compare the law to see what it was & what their reqt's. were. Their is an address where u can e-mail and get ur military records but I'm sure u know of that. Also has anyone ever considered PTSD seems I read 15 years to surface somewhere on that one. Ask rep if old records are in current claim folder.

best. ausgmblr

[ausgmblr]

skunk,

look at comer v peake topic on this group of forums today is right on point for both of us with plenty of case citations.

ausgmblr :D