Wings Claims My Contentions Are Wrong
#1
Posted 01 March 2012 - 10:02 AM
http://www.va.gov/ve...es1/9801361.txt
INTRODUCTION
The veteran served on active duty from April 1978 to June
1979. The Department of Veterans Affairs (VA) Regional
Office (RO) denied benefits sought, and the veteran appealed.
The Board of Veterans' Appeals (Board) remanded the case to
the RO in March 1995. Thereafter, the RO granted two of the
service connection claims which had been remanded, and now
increased rating appeals have since been perfected and are
currently before the Board for the two disabilities for which
the RO granted service connection.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that she was raped in service, became
pregnant, and was forced to have an abortion against her
wishes and beliefs, and that as a result, she began abusing
alcohol and developed psychiatric problems. Therefore, she
asserts, service connection is warranted for a chronic
acquired psychiatric disability. The representative
maintains that if this claim is not allowed on the basis of
in-service incurrence, it must be remanded to the RO to have
the RO address the presumption of soundness on service
entrance examination.
THIS IS A GREAT POST!
#2
Posted 01 March 2012 - 10:54 AM
I have been looking at claims and almost immediatly came upon one that mirrors my complaint. Yet Wings you claim that Im accusing our military (ya know the one that a lot of people are saying they got screwed by) of being like NAZIS, in forcing women to get abortions. That YOU represent the entire forum in your opine of my dilemmma.This appellant was in almost exact years I was, and has exact same complaints.:BUT IM A LIAR WINGS. You give yourself to much credit , with sticking your head in the sand ostrich like, and swearing the whole forum is down there in the sand with you. Jeez, can I get a little love here sister friend! Mystic
http://www.va.gov/ve...es1/9801361.txt
INTRODUCTION
The veteran served on active duty from April 1978 to June
1979. The Department of Veterans Affairs (VA) Regional
Office (RO) denied benefits sought, and the veteran appealed.
The Board of Veterans' Appeals (Board) remanded the case to
the RO in March 1995. Thereafter, the RO granted two of the
service connection claims which had been remanded, and now
increased rating appeals have since been perfected and are
currently before the Board for the two disabilities for which
the RO granted service connection.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that she was raped in service, became
pregnant, and was forced to have an abortion against her
wishes and beliefs, and that as a result, she began abusing
alcohol and developed psychiatric problems. Therefore, she
asserts, service connection is warranted for a chronic
acquired psychiatric disability. The representative
maintains that if this claim is not allowed on the basis of
in-service incurrence, it must be remanded to the RO to have
the RO address the presumption of soundness on service
entrance examination.
THIS IS A GREAT POST!
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MODS (Carlie), Unless this thread gets real HOT, please don't lock it. Let's see if me and my sister can reach an understanding ;-)
Mystic, Let me read and respond. Please give me a few moments to compose myself ... ~Wings
Edited by Wings, 01 March 2012 - 10:55 AM.
#3
Posted 01 March 2012 - 10:55 AM
Much goes on in the military that should not, we all know that.
#4
Posted 01 March 2012 - 11:21 AM
If you want to fight with another member - do not do it in posts. Read the rules of the Board - Personal attacks are not tolerated.
Much goes on in the military that should not, we all know that.
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x
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I'm not going to fight with Mytic. I need a couple of hours to reflect, before I respond. ~Wings
#5
Posted 01 March 2012 - 11:22 AM
I have been looking at claims and almost immediatly came upon one that mirrors my complaint. Yet Wings you claim that Im accusing our military (ya know the one that a lot of people are saying they got screwed by) of being like NAZIS, in forcing women to get abortions. That YOU represent the entire forum in your opine of my dilemmma.This appellant was in almost exact years I was, and has exact same complaints.:BUT IM A LIAR WINGS. You give yourself to much credit , with sticking your head in the sand ostrich like, and swearing the whole forum is down there in the sand with you. Jeez, can I get a little love here sister friend! Mystic
http://www.va.gov/ve...es1/9801361.txt
INTRODUCTION
The veteran served on active duty from April 1978 to June
1979. The Department of Veterans Affairs (VA) Regional
Office (RO) denied benefits sought, and the veteran appealed.
The Board of Veterans' Appeals (Board) remanded the case to
the RO in March 1995. Thereafter, the RO granted two of the
service connection claims which had been remanded, and now
increased rating appeals have since been perfected and are
currently before the Board for the two disabilities for which
the RO granted service connection.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that she was raped in service, became
pregnant, and was forced to have an abortion against her
wishes and beliefs, and that as a result, she began abusing
alcohol and developed psychiatric problems. Therefore, she
asserts, service connection is warranted for a chronic
acquired psychiatric disability. The representative
maintains that if this claim is not allowed on the basis of
in-service incurrence, it must be remanded to the RO to have
the RO address the presumption of soundness on service
entrance examination.
THIS IS A GREAT POST!
And it goes on to state :
"It has been contended that this case should be remanded for
the RO to consider the presumption of soundness at induction.
38 U.S.C.A. § 1111 (West 1991). Although the RO has
apparently not considered this presumption, the veteran is
not prejudiced by this failure.
First, the representative’s
argument shows that the veteran and representative have had
an opportunity for argument and hearing on this point. Where
there has been such an opportunity, it is not prejudicial for
the Board to consider a question in the first instance.
Curry v. Brown, 7 Vet. App. 59 (1994) cert. denied 48 F.3d
1237 (1995).
Second,
the result in this case does not turn
on the presumption of soundness but on the lack of competent
evidence of a nexus between current disability and service.
Additionally, where, as here,
the Board has denied the claim
on the basis that it is not well grounded, whereas the RO had
considered it on the merits, there is no prejudice to the
veteran, as the RO accorded her claim more consideration than
it was entitled. Id. The benefit of the doubt doctrine does
not apply, as the claim is not well grounded. 38
U.S.C.A. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49, 55
(1991). "
Edited by carlie, 01 March 2012 - 11:23 AM.
size
#6
Posted 01 March 2012 - 11:23 AM
Heres yet another claim of forced abortion, and mind you they won.
http://www.va.gov/ve...es2/1016362.txt
This isnt meant as an assault, truth be told, just countering what I felt was an assault on my honor.
You might feel the same in my position, ut since ya dont, nobody is forcing you to read this, with all due respect. Mystic
#7
Posted 01 March 2012 - 11:26 AM
#8
Posted 01 March 2012 - 11:30 AM
#9
Posted 01 March 2012 - 11:35 AM
Also tagged with one or more of these keywords: forced abortion, ptsd, mst
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