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Actual effective date on a claim

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Jimmer

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Hi, I am not sure I am on the right are for my question, if not I apologize.  I had a long running battle with the V.A. on S.C. for my eyes.  I renewed by filing about 11 years ago, and with you help and guidance I was successful. I cannot thank you enough how grateful I am for your help.   My question is that I originally filed a claim in May 1970, for my eyes.  I had been released from the USMC for a couple months, and I  filed I provided the doctor's information at the naval hospital, and two eye specialists.  I received a letter back from the Adjudication officer that said "We have found it necessary to deny this claim for eye condition because the condition cannot be classified as a disease or injury for which compensation will be paid".  I had the case re-opened in 1978, provided the Naval doctor name dates (he made the determination to release me), contacted three eye specialists provide information  to the V.A.  I received another letter from a different Adjudication Officer stating "As before stated in our letter of May 1970, we have found it necessary to deny your claim for a eye condition because the disease was pre -existed (not true!) service and cannot be classified as a disease or injury for which compensation can be paid".   I tired again in March 1981, same results. The V.A. never looked at the information, contacted the Naval doctor for the information.  It was only with a BVA appeal that the judge ruled in my favor.  The Naval Doctor had a complete file of what had happen. I feel that I should have a earlier effective date then what was given to me.  I just found these letter in info in my C-file, buried in a folder,  slightly crumpled.  I knew this existed, put I couldn't lay my hands on it until now.  I feel the just "rubber stamp" a denial every time I sent in the forms without doing any follow-thru.   Thanks for your help.

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Berta,  WOW!  Talk about lying, the V.A. has the market cornered on that.  I guess they thought they could give you a line of bullshit, and you would just walk away, or become so frustrated you would just give up.  They (V.A.) throws every roadblock in your way, hoping the vet gives up, and then say   "we never denied them".    I am glad you are a fighter.  We all need to be!  It took me seven hard years to get my S.C. disability, and I did so via BVA.  In the teleconference, as I was going over the information, and telling him what happen, I heard him saying under his breathe "this isn't right, is just isn't right".  I am still fighting for my claims.  Especially the one when I first filed in May 1969, a month after getting out of the Marines.  I will never give up, no matter how long it takes me.  The V.A. wants to "wear us veterans. down", and hope we give up.  In the words of the late great basketball coach  Jim Valvano ,  "don't give up.....don't ever give up".

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