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Witness


Charleese

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Hi Everyone,

My husband got his envelope denying him earlier effective date of 1958. They claim that there is no 1958 application and the only application they have is his 1983 application he filed in Connecticut. He asked that they decide under the Reasonable Doubt Doctrine as well as Relative Equipose. Well they did it only under the Reasonable Doubt Doctrine and not Relative Equipose.

Naturally he wants to appeal. He has a friend whom he thought was dead, until he recently went to another friends funeral in South Carolina and saw him there. This friend went with him to Tazwell, VA and witness that he did file application with VA representative for benefits in December of 1958. This friend is willing to sign a notarized statement to that effect.

My question is do you think he can appeal this decision using this statement or an appeal can only be done with medical evidence.

Thanks!

Charleese

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Guest frank
Hi Everyone,

My husband got his envelope denying him earlier effective date of 1958. They claim that there is no 1958 application and the only application they have is his 1983 application he filed in Connecticut. He asked that they decide under the Reasonable Doubt Doctrine as well as Relative Equipose. Well they did it only under the Reasonable Doubt Doctrine and not Relative Equipose.

Naturally he wants to appeal. He has a friend whom he thought was dead, until he recently went to another friends funeral in South Carolina and saw him there. This friend went with him to Tazwell, VA and witness that he did file application with VA representative for benefits in December of 1958. This friend is willing to sign a notarized statement to that effect.

My question is do you think he can appeal this decision using this statement or an appeal can only be done with medical evidence.

Thanks!

Charleese

go to web page agenta see evedence, you could write a letter to the fact as well as your friend, letterMUST BE NOTANIZED FRANK
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go to web page agenta see evedence, you could write a letter to the fact as well as your friend, letterMUST BE NOTANIZED FRANK

Thanks Frank, but this happen years before I met my husband. I can't write saying that I saw this happen. All I would be able to say is that he tolad me about filing, and his friend was with him. Furthermore, I don't know how to get into a Web page agenta.

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Thanks Frank, but this happen years before I met my husband. I can't write saying that I saw this happen. All I would be able to say is that he tolad me about filing, and his friend was with him. Furthermore, I don't know how to get into a Web page agenta.

Please can someone tell us whether a Notarized Statement would be considered as actual evidence?

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Guest frank
Please can someone tell us whether a Notarized Statement would be considered as actual evidence?
all you have to do is got your hone page,put agenta web page, and it should show up. but the evenidence, states anyone can write a letter on the fact that they saw him write this letter,a mother someone he worked with and so on i hate to say this but va has that letter ,i wrote a letter in 1959, va wrote back no records found i have tried for years to get my records in 2002 i got those records with the help of a woman that worked she made copies of everything, i hade found out i was 100% sinse 1958,and in the files,was my letter of 1958. i am in appeals now, i was in navy and air force both are 100% for each service, if not for the kindess of this woman , i would of died, never knoeing, hoe much the va cheached me out of. frank
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Guest frank
Hi Everyone,

My husband got his envelope denying him earlier effective date of 1958. They claim that there is no 1958 application and the only application they have is his 1983 application he filed in Connecticut. He asked that they decide under the Reasonable Doubt Doctrine as well as Relative Equipose. Well they did it only under the Reasonable Doubt Doctrine and not Relative Equipose.

Naturally he wants to appeal. He has a friend whom he thought was dead, until he recently went to another friends funeral in South Carolina and saw him there. This friend went with him to Tazwell, VA and witness that he did file application with VA representative for benefits in December of 1958. This friend is willing to sign a notarized statement to that effect.

My question is do you think he can appeal this decision using this statement or an appeal can only be done with medical evidence.

Thanks!

Charleese

charleese, i see you read my topic 4-25-52 thank you i will answer you here,this is what i am talking about,i do not need proof,i was given 100% for the sinking of the hobson,now you see how bad the va is.this sinking of the hobson is part of navy history,the reason why i don,t need proof is because i am on that ship,spent 47 months on it. but va states no records found,of course this in appeal,plus i have a newspaper reportor looking in this. what we really need is to have a full investation done on va all over the country. the lie cheat and steal no way can va deny my claim i was also in air force,spent 7 months in hospital,again va states no records found don,t try to knock your self out over this va always finds ways to deny a claim. also go on va home page scrool down to special operations, the is a new act of congress see if there is anything you can use under this new law. frank
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charleese, i see you read my topic 4-25-52 thank you i will answer you here,this is what i am talking about,i do not need proof,i was given 100% for the sinking of the hobson,now you see how bad the va is.this sinking of the hobson is part of navy history,the reason why i don,t need proof is because i am on that ship,spent 47 months on it. but va states no records found,of course this in appeal,plus i have a newspaper reportor looking in this. what we really need is to have a full investation done on va all over the country. the lie cheat and steal no way can va deny my claim i was also in air force,spent 7 months in hospital,again va states no records found don,t try to knock your self out over this va always finds ways to deny a claim. also go on va home page scrool down to special operations, the is a new act of congress see if there is anything you can use under this new law. frank

Yes Frank I do see what you mean. They use no records found to deny claims. They say there's no actual evidence that my husband file application for claim in 1958. However, he has found the gentleman that went with him when he filed this claim and he remembers everything that happen that day. He is going to do an affidavit and have it notarize so my husband can send in his appeal. He is even willing to go to court if it comes down to that and testify on my husband's behalf. He was sitting at the table with my husband when he filled out application. He saw my husband hand it to VA Representative and he heard when representative told my husband that he would be hearing from the VA. All of this he will put in affadavit. My concern if the VA will accept this affidavit as actual evidence. Hope so. Thanks!

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Guest frank
Hi Everyone,

My husband got his envelope denying him earlier effective date of 1958. They claim that there is no 1958 application and the only application they have is his 1983 application he filed in Connecticut. He asked that they decide under the Reasonable Doubt Doctrine as well as Relative Equipose. Well they did it only under the Reasonable Doubt Doctrine and not Relative Equipose.

Naturally he wants to appeal. He has a friend whom he thought was dead, until he recently went to another friends funeral in South Carolina and saw him there. This friend went with him to Tazwell, VA and witness that he did file application with VA representative for benefits in December of 1958. This friend is willing to sign a notarized statement to that effect.

My question is do you think he can appeal this decision using this statement or an appeal can only be done with medical evidence.

Thanks!

Charleese

i don.t knoe where you live now. but could that letter,be in conn.va.because if you did not send recordsto new address it could be there, also as i stated special operations could help you because you can now put in a new claim.and conn,is one of the states that are part of the 7 states you would be better off to use this special operations new law , then going crazy trying to prove something you might never get . congress has opened a new door for you use it. frank
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  • HadIt.com Elder
Yes Frank I do see what you mean. They use no records found to deny claims. They say there's no actual evidence that my husband file application for claim in 1958. However, he has found the gentleman that went with him when he filed this claim and he remembers everything that happen that day. He is going to do an affidavit and have it notarize so my husband can send in his appeal. He is even willing to go to court if it comes down to that and testify on my husband's behalf. He was sitting at the table with my husband when he filled out application. He saw my husband hand it to VA Representative and he heard when representative told my husband that he would be hearing from the VA. All of this he will put in affadavit. My concern if the VA will accept this affidavit as actual evidence. Hope so. Thanks!

All you can do is try! Remember to ask the gentleman to write not only that your husband filed a claim, but also the type of claim he had submitted: the type of benefits sought. Notarize AKA Certify the lay statement! ~Wings

C.F.R. Sec. 3.200 Testimony certified or under oath.

(a) All oral testimony presented by claimants and witnesses on their behalf before any rating or authorization body will be under oath or affirmation. (See §3.103©.)

(b) All written testimony submitted by the claimant or in his or her behalf for the purpose of establishing a claim for service connection will be certified or under oath or affirmation. This includes records, examination reports, and transcripts material to the issue received by the Department of Veterans Affairs at the instance of the claimant or in his or her behalf or requested by the Department of Veterans Affairs from State, county, municipal, recognized private institutions, and contract hospitals.

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All you can do is try! Remember to ask the gentleman to write not only that your husband filed a claim, but also the type of claim he had submitted: the type of benefits sought. Notarize AKA Certify the lay statement! ~Wings

C.F.R. Sec. 3.200 Testimony certified or under oath.

(a) All oral testimony presented by claimants and witnesses on their behalf before any rating or authorization body will be under oath or affirmation. (See §3.103©.)

(:) All written testimony submitted by the claimant or in his or her behalf for the purpose of establishing a claim for service connection will be certified or under oath or affirmation. This includes records, examination reports, and transcripts material to the issue received by the Department of Veterans Affairs at the instance of the claimant or in his or her behalf or requested by the Department of Veterans Affairs from State, county, municipal, recognized private institutions, and contract hospitals.

Thanks Wings! Yes he is doing a notarized Affidavit and when its done he will send it to my husband. In affidavit he is stating that he was with my husband when VA Representative handed him Compensation & Medical Application to fill out, he sat at table and watched my husband fill out application, he saw my husband get up and hand application to VA Representative, he saw Representative look over Application and heard Representative tell my husband that the VA would be getting in touch with him. He witness my husband submiting his claim to VA Representative. I believe this should help, since VA is saying that there is no convincing evidence showing that a claim was submitted at any time for 1958. What do you think?

Charleese

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  • HadIt.com Elder
Thanks Wings! Yes he is doing a notarized Affidavit and when its done he will send it to my husband. In affidavit he is stating that he was with my husband when VA Representative handed him Compensation & Medical Application to fill out, he sat at table and watched my husband fill out application, he saw my husband get up and hand application to VA Representative, he saw Representative look over Application and heard Representative tell my husband that the VA would be getting in touch with him. He witness my husband submiting his claim to VA Representative. I believe this should help, since VA is saying that there is no convincing evidence showing that a claim was submitted at any time for 1958. What do you think?

Charleese

Good luck! Does the gentleman have any memory of your husband's medical issues at the time of hisapplication? This would be helpful too! ~Wings

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