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seal

Seaman
  • Posts

    6
  • Joined

  • Last visited

About seal

Previous Fields

  • Service Connected Disability
    100
  • Branch of Service
    Navy

seal's Achievements

  1. I have a cue motion at varo for final decision I never sent In a lod or appealed final decision,Is cue, I have always been service connected,however va, always stated no records found, burned In fire,on 3-9-19 94 decision was made I a p&t totaled disabiled for non-service connected conditions,as I did not disagree or appeal,this decision became final,I am bound to final decision as well as varo, this decision final was sent to varo on 12-3-2005,as cue varo failed to respone,to 2005,I sent bva a copy to bva,on on june 30 2009,for motion for cue bva sent motion to respone,my point Is I kept all copies of fax,with confirmed fax as receiver,and does prove varo had full knodledge,of 3-9-1994 on 12-3- 2005 never send a certifled letter to support you claim,the green card will prove varo has received and signed the green card now prove to varo what was in that certified mail, varo signed for, my fax proved as receive dated time received and full proof varo had full knodledge of your claim comfirmed on fax in 12-3-2005 SEAL
  2. the final decision Is made-a final decision Is a adjudicated or final decision to send in a statment in to support of claim,will reopen the claim,for reconsideration,and would need new evidence for reconsideration only old evidence can be used In cue, to reconsideration would require new evidence not allowed in cue,and he would lose final decision,new evidence ,will allow va not to agree with new evidence,the reconsideration claim would be denied the veteran would lose the original final decision SEAL
  3. I disagree under clear & unmistakble error final decision Is binding,he did not send a notice of disagreement,with 1 year,and veteran fails to appeal the rating decision the veteran Is bound by It,whatever the decision Is It Is a adjudicated or final decision If the decision Is of favor to the veteran , va must uphold final decision from my guess he did not appeal decision,as varo would not make final decision the relevant regulations provide a cue claim must apply under 1,2,3. and does not cost money, hope this helps SEAL
  4. you are correct,a final decision, Is bounding on va or bva,who ever made the final decision the veteran and varo or bva are bound to final decision , you decision Is final,and what ever Is stated in final decision is final,. SEAL
  5. reading this topic, is very helpfull, I do have a c u e for final decision made by va,In 1994,as I had a qriginal claim ,that va failed to work,on this remained a opened non adjudicated pending claim,under va failed to sympatheticlly develop,this claim, Is a cue,when evidence applying to the claim,did have a evidence to prove eligible for compensation,not raised by the veteran is cue, cue Is very rear,and rarely successful, In my case of 1994,va made a final decision, I did not send in disagrement or appeal decision,arter a year, the final decision both va and the veteran are bound to this decision, my final decision was p&t total non-service connectioned conditions .I am 100% service connected,va Is bound to this final decision, as well,as the veteran,also this decision,made the pending claim In 1978,final,for once va made the decision,In 1994, 1978 lost the status,as pending,and became adjudicated under cue, Cue Is very rear,rarely successful,however It Is an enormously,beneficial remedy when propererly applied, Just what I think, never send a letter of disagrement, If the claim Is In, your favor or not what you want,If you do not send disagreemennt,the va and the veteran are bound to final decision,as stated,va now has a clear & Uunmistakable error,they are bound to,under the relvant regulations cue must prove 1,2,3, only a final decision can be cued, on va or bva, the word of final decision Is cue, never re-open a final decision,for new evidence Is required,and the cue claim ,clearly, states you cannot use new evidence,In cue, but you can use the claim pending under cue.va Is bound to my final decision,and will not challenge the final decision,the final decision Is over the 1 year requirment,and va Is bound to the decision I am non-service connectad conditions p&t final decision 1994 Is cue, SEAL
  6. for years I have ,tried to get my original medical disability, the va failed to respond,I filed one year after discharge, the va always stated records were in filre,In 1978,I apply again this time the respond wase no records found, I keep trying again I send In claim for 1978,the va does open the claim, I have the claim dated stamped ,as well as original 21-526 dated ,stamped 1978. This will be the last time I would hear from again until a c&P IN 11-14-1993, on test .Is stated no new evidence,needed decision already made. on 1 4 1994, I am denied my claim,I do not send a letter of disagreement,on 2-11-1994,I get letter stating I am denied for medicial conditions. on 5-9-1994, I receive the veterans affairs has made a decision ,you are p&t total disabiled for non service connected conditions. I sent the final decision to bva, bva replied ,as bva did not make the decision, the motion for cue has been sent to varo ,for respond my question how can varo respond , to a decision, that there is no decision ,can be made for non serviced connected P&t total ,pllus claim of 1978,was a opened non adjudicated pending claim,there was all medicial evidence to support this claim under cue the final decision of 5-9-1994,adjudicated the pending no adjucated claim under cue laws and reg of cue 1,2,3, for not sympatheteilly develop ,the claim that had all evidence to prove claim, cue Is very rear, but I did iT never give up SEAL
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