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free_spirit_etc

No Notification On Closing Claim

16 posts in this topic

Does anyone know if the Va not being required to notify you when they close your claim is an actual law - or is it a policy of the VA.

In our case -- we wasted precious time not knowing that my husband's case was closed. We THOUGHT it was going to the Board of Appeals because the last letter from them (August 2004) said Your appeal is being forwarded to the Board of Appeals... and my husband's conversation with the RO (June 2006) STILL led him to believe his case was open...as the RO said they would forward any evidence sent to the Board.

So now - they have confirmed that it was closed --and that his time for appeal had expired.

But what about all that time in between?

Isn't this kind of a due process thing? If they do not notify you they have closed your case -- and you think it is open -- you lose an amazing amount of time.

Good thing we decided to add evidence to his appeal -- or we would still be witting around waiting for his appeal to be heard --while the time ticked away.

Anyway -- does anyone know if this is actually a congressional law (as in they don't have to tell you they closed your case) - or is it just one of their policies?

Free

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Dear Free Sprit

Did you file a NOD to the RO that you were appealiing there denial? It sounds like the VA is saying you defaulted your right to apppeal by not notifying them you disagree with there ruling.

If you did follow the appelate procedures. The VA cannot close a claim without first ruling. I know on the front end of a claim I experenced something similar. ThE RO refused to send me a SOC therefore not allowing the cliam to be reopened or appealed. The court ordered the RO to send a SOC.

You write the RO and BVA telling them your case is still open and you want it sent to the BVA or you will file a writ of mandamus.

Terry Higgins

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Something is wrong here-

1.Did he receive a VCAA Notice?

This is a letter that has an underlined statement that tells him exactly what he needs for the claim to succeed.

Also he should have received a VCAA Election Notice where he would check one of the boxes, sign this and return it to the VARO.

2. Did he formally file a Notice of Disagreement within one year of the last decision that denied the claim?

It seems you are saying he had an appeal ongoing-

3. Did he file a formal I-9 Appeal statement?

I suggest doing two things-

send the VA an inquery via the VA web site-

https://iris.va.gov/Scripts/iris.cfg/php.ex...p_sp=&p_li=

and ask them the actual status and location of his claim.

If you thought it had been sent to the BVA- call them at 1-202-565-5436

or email the BVA imbudsman at BVAombudsman@mail.va.gov

Also the info I have from VA says very clearly to send evidence to the BVA when the case has been transferred there.

VAROs used to consider additional evidence even with a docket number and they did in a past claim-but

things have changed- they should have clearly told you to send more evidence directly to the BVA if that is where the claim is now.

Who told you the case was closed?

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I filed a section 1151 claim. The VA said I could not do it but never sent me any official denial. I looked in my C-File and it is not there. Because I had a DRO hearing request for my PN and because I had a 1151 claim in on my DMII and PN the VA recently said I could not have two claims on the same problem at the same time, but never sent me any denial letter. How should I proceed? I know have three claims out there: a CUE, a claim for a secondary condition of DMII and a 1151. The CUE and the 1151 seem to have vanished even though I have date stamped copies of the CUE and the secondary claim. I think the VA just shredded my 1151 claim. The VA maintains since I did not appeal my DMII and PN beyond the DRO that I settled the 1151 claim at the same time as I signed off on the DMII and PN. Nowhere was there any mention of the 1151 claim when I signed off on further appeals on the DMII and PN. How do I track down my Section 1151 claim or a reference to it? At one time the VA said they had it.

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The VA CAN close claims without notice that haven't been decided when they have approved another claim. I saw something on this a while back. I think it was on VA Watchdog. The court ruled it could be done. Can't remember the details but will try to find it.

Time

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That is interesting-I am unaware that they can just close a claim-

A veteran however has a duty to prosecute a claim-

and if they don't then the VA could close it.

John- that is interesting too what you had said.

For my SMC CUE claim the VA sent me a letter stating the veteran had never filed a Sec 1151 claim in his lifetime.

I got tough and replied "the hell he didnt"-a copy of his claim was in the copy I got of my c file and I re-opened his charges- word for word when he died under Sec 1151.The AM he died the 800# told him his 1151 was at the rating board.

Every time they make some odd statement like this about a claim, the veteran has to pounce on them.

If I were you I would send them a query via the VA inquery system to get the status of those claims.

What they told you is unacceptable.

I think claims are starting to be handled just like evidence-if they say they dont get it , they dont have to work on it.

Edited by Berta

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