tdiu Remand Dismissed By Letter Not Addressing It?

[dav_marine72]

Hey Folks,

I have been reading some posts about a new law that went into affect a couple of years ago where no mention of a decision is a decision? What is this law? The reason I bring it up is I have a joint remand from the USCAVC in 2009 for 4 issues going on 14 years now. I thought some movement was coming as I was told a new decision was being made on my case.

The RO had already made one decision in July 2013 bumping up a combined 10% for neurological symptoms of my back from 2002 to 40% for my left side and 20% for my right side. However, they said the examiner did not comment on my disability prior to the 2013 exam. The whole reason the remand was there was because they ignored evidence and most of their exams from 2000 - 2008 for my back were thrown out by the court lol. I'm sure I went from mild neurological symptoms to overnight severe when their exam was done :)

Anyway my lawyer at the time had appealed their July 2013 decision. We never heard back. Then they tried to take my TDIU away (I'm 94.4%) and my P&T in January 2014. They sent me a decision a few weeks ago calling it a special mandate in my case. They decided my TDIU and P&T were intact.

That was a relief but I since looked at the decision again. This is the part that now concerns me. They wrote at the end this is to be considered all claims inferred or raised from the special mandate. I'm working on a new appeal letter currently.

So is this their new way of saying we deny your claims back to 2000 again without saying it????

[Philip Rogers]

I believe that is correct. Probably about 3-5 yrs ago there was a case where they hadn't made a decision and the VA claimed that a non-decision is a denial, or something like that. I believe the Court upheld the VA's position, also. Basically it goes against all legal sense because you have the right to appeal but how can you appeal something you don't realize was denied. Especially within the time constraints the VA has. I don't remember the exact case but I expect someone will get it shot down, eventually. jmo

pr

[ketchup56]

That deemed denied crap was further struck down in later rulings.If you pull up on Google "The Evolution of the Pending Claim Doctrine"by J.Russell it will explain in detail your case. As far as that mandate they are referring to it might be pertaining to Fast Letter FL13-10 Unadjudicated claims found. Good Luck......

[jbasser]

That act was called deemed denied or deemed denial. They try these things. Isnt it amazing how these folks take stuff personel. You ask for an increase and dam, the next thing they are trying to reduce. That is retalitory because you asked for an increase. It is time for the Fat cats at the ro be taken to task just like the secret waiting or death list scandal.

How many vets didnt have access to the VA because their claims were improperly adjudicated?. How many of those vets died?That is what the press should be jumping on.

Basser