December 6th Vba Judge Expects Answer

[Josephine]

Hi,

Sorry to be such a nuisance,

I spoke with the AMC and was told that my file is with the Rater and keeps going back to a Superior for guidance or whatever they do.

The Judge at the BVA is expecting the answer to my claim on December 6th.

Does anyone know, what is next.

The claim should be winding down, too many errors and too many years.

The hardest thing to get the AMC to tell me that my claim is re-opened to 1978 due to New and Material Evidence.

If I should win, being that the Va. issued me a Pension stating 100% disabled due to anxiety and depression as of 1983 and unemployable.

Can they rule any less than the 100% which have already given me.

Next question, would they have to pay me back to my first filing date of 1978.

I have waited all of my life, just to get a claim read.

Opinions Please,

Josephine

Edited December 1, 2006 by Josephine

[Hoppy]

Josephine,

The question of changing a rating has come up before. My recollection is that it is hard for them to change a rating. They would have to show an error was made.

On the 1978 claim date issue. You can expect a fight over that. Even though you feel the claim was open since 1978 there are many bridges to cross. Such as what evidence was in the file in 1978. What % could be accessed in 78 based on the record. Additionally, they will argue that even though they left the claim open it is your responsibility to submit evidence on a timely basis and be deligent in advancing the claim. This is especially difficult in your claim since it involves a re-diagnosis. There is a change from personality disorder to anxiety disorder. The way psych disorders are diagnosed has changed over the years. The problem is that they might go from the date of the report showing the change of diagnosis unless you can convince them otherwise. This is my opinion. I could be wrong.

[Josephine]

The question of changing a rating has come up before. My recollection is that it is hard for them to change a rating. They would have to show an error was made.

On the 1978 claim date issue. You can expect a fight over that. Even though you feel the claim was open since 1978 there are many bridges to cross. Such as what evidence was in the file in 1978. What % could be accessed in 78 based on the record. Additionally, they will argue that even though they left the claim open it is your responsibility to submit evidence on a timely basis and be deligent in advancing the claim. This is especially difficult in your claim since it involves a re-diagnosis. There is a change from personality disorder to anxiety disorder. The way psych disorders are diagnosed has changed over the years. The problem is that they might go from the date of the report showing the change of diagnosis unless you can convince them otherwise. This is my opinion. I could be wrong.

Hoppy,

I appreciate your helping me.

What is changing of a rating?

Hoppy the evidence on file in 1978 was a Compentency Review with the signatures of 4 parties of my early dishcharge with the Navy Dept. Seal. The Va. also had all of my sick bay medical records.

The Va. had to have known that they did not have my psychiatric records.

Now that all is said and done.

I see now that I am in the presumptive period?

What exactly does that mean for some one like me.

I didn't realize until just a couple of weeks ago that that was from Dr. Muller the PHD Psychologist was stating.

I wrote the AMC a letter just as you stated and told them to bring the doubt law into play. I am not asking for any more physicals.

The BVA chose to send the file back to those two lying psychiatrist and now I am hoping that it will soon be over.

If they give me a negative, at least I can have a lawyer, as I don't have enought sense to handle it anymore.

Thanks,

Josephine

[john999]

Josephine

I think I would really concentrate on getting a higher rating now, and don't worry so much about retro. I say this because you can starve to death waiting for retro payments. You want to prove you are IU or 100% now due to service connected disability. You can work on the retro later. I hate to see a vet get involved with all this legalise because the VA will keep you tied up for years.

[Josephine]

John999,

All I have asked is for the AMC to figure out this mess and grant me benefits.

The BVA has re-opened my claims back to 1978 and I have no ideal of the presumptive period. I did not ask them to re-opened the claim, the BVA automatically did this with the New and Material Evidence.

I am hoping the rater at the AMC has those papers to the Judge on Dec. 6th as she has requested, so that we can end this claim.

Anyone know what a change in rating is?

Thanks Guys,

I need all the help that I can get,

Josephine

Edited December 1, 2006 by Josephine

[Hoppy]

Josephine,

When you go to the VA what is the claim date shown on the computer. It does not make since to me that they would show the claim as re-opened to 1978. It would be either open since 1978 or shown with the date it was re-opened. If they show it was re-opened there must also have been a pror date on the computer or noted in the c-file showing that it was closed. In determinig what you have to do to get the 1978 effective date the reasons it was closed would be important to know. It is more important to know why it was closed and re-opend than have them tell you it was re-opened.

I went through this same battle on one of my claims the award was made to the date the claim was re-opened not the original date the claim was filed. I lost $50,000.00. The error was caused because I followed the advice of an idiot SO who told me to re-open the claim by filing new and material evidence rather than file a form 9. The claim was closed because the form 9 was not filed timely. Almost two years went by before I realized I lost the original claim date. If the claim was closed at any time because a form 9 was not filed you will be hard pressed to get a claim date earlier than the re-opened date. If you get past the form 9 issue there are still the other issues I talked about in previous posts.

As said, concentrate on getting service connected then see if you have grounds for earlier effctie date.

[Josephine]

Hoppy,

I would be setting here just guessing, if I tried to figure out what the Va. is saying.

This is what I understand that the Va. has for the record.

Filing date of 1978 - Never adjudicated. Not a well grounded claim. ( No psychiatric records) This was a letter from a counselor - stating you are not service connected. Just one sheet of paper with this typed on it. I had no ideal that they didn't use my psychiatric records, as I told them to get them. I couldn't have filed out a form 9, because I didn't get anything other than that note.

Filing date of 1992- which never existed

Filing date of 2002 - denied 2003- did not use my private medical records of 1965 - 1979

2003 - Pension of 100% for anxiety, depression and headaches due to unemployable since 1983. The pension states. You received a letter June 19, 1992 denying you service connection for anxiety, depression and headaches. ( I never filed any claim of 1992 and the BVA can't locate it either.

Secured New and Material evidence from Archives - The BVA states never acquired by Va. ( This would be my psychiatric records and the letter from the commanding Officer.

Filed a NOD - Due to New and Material Evidence never seen by Va. ( This would be for the denial of 2003. )

C&P for " Acquired Psychaitric Disorder" More Likely than not. October 2004

C&P for " Acquired Psychiatric Disorder" April 12, 2005 - Appears to be symptoms of Personality disorder. it is the boards opinion her anxiety did not start in service or worsen. Stated the Cafferfot and Librium were both drugs used at the same time for a headache. ( Not True) She was discharged due to unsuitability and things that she considers indictative of abuse.

Dr. Jones - Military Treating Psychiatrist states in consulation for nervousness, headaches, and irratiability. dis- satisfied with working conditions and living in barracks.

Dr. Mc Mahon - Military Board Certified Psychiatrist - In consulation with symptoms the same. No personality conflicts noted. Recommends discharge - Unsuitability due to immaturity.

The Board of two Psychiatist - state Dr. C. gave me Librium and Caffergot, both drugs for a headache. ( Not True ).

Letter secured by me of Dr. C. Military Treating Physician - reviewed his Sick Bay Records and states that he gave me librium for nerves and caffergot for headaches.

When I filed in 1978 and 2002- the records of Dr. Jones, and Dr. McMahon were never acquired by the Va. I did this for them in 2004.

When I filed the NOD it was for anxiety, depression and headaches.

The DRO sent me a letter that my claims for anxiety, depression and headaches were re-opened. ( The letter does not say to when or why)

Maybe the DRO is re-opening the claim of 1992, which does not exist. It is listed on my pension papers.

This claim is one big mess!

Thanks,

Josephine

Edited December 2, 2006 by Josephine