Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

1776Marine

New User Review
  • Posts

    3
  • Joined

  • Last visited

1776Marine's Achievements

  1. In response, to this the original claim was denied, basis of denial was identified by the RO " For failure to appear for a scheduled C&P examination" the evidence in my possession " Is undeniable error committed by the VARO adjudicater" the evidence that supports a CUE, meets the criteria established and identified in Title 38 CFR it is well documented and self evident that, the Veteran properly notified the VARO of a change of address request, prior to any initial claims correspondence from the VARO adjudicater, on or about November 1979 the VARO adjudicater sent correspondence to the VAMC per my request to send any and all correspondence to the VAMC where I was being treated for a service connected condition, that piece of correspondence was addressed to the VAMC, the document sent by the VARO adjudicater, was an acknowledgement of my initial claim of June 1979, having been a fully developed claim, the VARO adjudicater again sent another piece of correspondence, to the VAMC "To Wit" a statement that the VARO adjudicater lost my file . Beyond November 1979, no further correspondence was received or sent to the VAMC by the VARO adjudicater. The records of correspondence beyond November 1979, were sent to an address I no longer resided at, in this instance, any further correspondence submitted by the VARO adjudicater beyond November 1979 went to the wrong address, proof production of factualzed documentation supports unequivocally the Veteran was never properly notified. I cannot over emphasize, the life changing events and trauma that has impacted and devastated this Veteran in the interim of discovering the sequence of events. In every instance of this claims process, the Veterans right to " Duty to Assist" , the right to " Reasonable Doubt" etc..... was denied.
  2. Claim filed 1979, was never adjudicated, under the Pending Claims Doctrine, would filing a claim for a CUE ( Clear Undeniable Error) be in order, considering that the RO sent a request to appear for a C&P examination and the RO sent it to the wrong address, claim was denied on basis of not appearing for that C&P examination which, this Veteran was never properly notified?
  3. Since, the development of the Pending Claims Doctrine, would fully developed claims, from 1979, that had never been adjudicated, still remain pending?
×
×
  • Create New...

Important Information

Guidelines and Terms of Use