Question On "duty To Assist Letter" (vcaa) Form

[mrstix]

On my decision letter dated 4-27-2007, I got a increase on my S/C lower back went from 20% to $40%, that's fine with me. But on my left and right lower extremity's, they were Deferred for " Duty to Assist Letter" the good old VCAA notice. So I sent in two VCAA letters one for each deferred item and a Statement in support of claim form. I checked the block to go ahead and make your decision as soon as possable using the info from my C&P exam on my legs.

Now after reading,Dingess-Hartmen and Kent, VCAA Public-Law 106-475, this is going to be a denail on these two items??? Am I reading this right??? Is a request for a VCAA notice a heads up for denail??? on your claims???

Any help will be great of you folks, thanks mrstix

[Berta]

Mr. Stix- Dingess Hartman refined and enhanced our DTA rights-

Dingess/Hartman applies only to claims filed on or after March 3, 2006-and were pending as of that date.

I posted in May at hadit for the Search and research area an explanation of this- search under Dingess/Hartman/Kent.

The Chairman of the Board (not Frank Sinatra but James Terry-Chairman BVA) also cited Kent along with Dingess/Hartman in his annual report in January to Sec Nicholson-available on line-

They both are CAVC claims that are important to vets with claims pending on or after 3/3/2006-

and widows of vets too-

As a widow with claim pending as of that date I should have gotten a D/H letter too- I never did- I didnt even get a real VCAA letter- of course I have used these legal errors to my advantage-

D/H -Dingess Hartman means the VA via the VCAA letter will inform the vet of the potential EED as well as the potential rating- as within the explanation I posted here- available through the search feature.

Thousand of vets got D/H letters last year- it was a letter they did not have to respond too-

SO s and vets- I heard via my other vet sites- were overwhelmed with calls about the letter-

Unfortunately- after the immediate mailings -from ROs- I bet that many vet never even got one but should have-

when you consider how many vets had claims pending as of March 2006- I am astonsihed that the VA in a weeks time tried to cover them all-

For example -the data theft letters they sent to 26 ? million vets?

My daughter - a veteran- works and lives in Wash DC- but she got a data theft letter that came here-

her only claim was regarding VA Chap 35 and that was established -

It concerns me that- I didnt get a data theft letter and have claims in progress but they did not even have her address right in a c file she has that is just for education VA benefits. ???

By the way all I just received a letter from my VARO- they have "receibved my claim and are working on it."

Yeah right-it has been there for 4 1/2 years already-

At least I didnt get a letter a veterans wife got recently ---

the VA said they were sorry to hear of her husbands recent death and sent her the DIC application.

The veteran however -almost had a heart attack- when she read the letter to him!

He did a hilarious interview with his local newspaper-

and made sure the VA and everyone else knew he wasn't on ice yet-

forget what newspaper-it was a hoot!

Edited July 6, 2007 by Berta

[Vike17]

mrstix,

"Now after reading,Dingess-Hartmen and Kent, VCAA Public-Law 106-475, this is going to be a denail on these two items??? Am I reading this right??? Is a request for a VCAA notice a heads up for denail??? on your claims???"

No, a defferal due to the lack of a VCAA letter is not a precursor for a denial. The VA is just insuring they have notified you of all the evidence they need to award your claim.

Vike 17

[mrstix]

I called Pittsburgh RO Friday for status on my deferred items. The nice lady brought me up on her computer and said oh I see your claim went back to the Pre_Determenation team on July 2nd. I would say this is a good thing wright??

I guess they got my VCAA and Support of claim letters?? Maybe soon now??

Thanks Vike17 and Berta for your kind replies.

[mrstix]

Thanks for all your help.

[mrstix]

Vike17 and Berta what do make of this status the kind lady gave me??

Read below please.8 july 2007

thank you both, mrstix

[Vike17]

If your claim went back to the Pre-determination Team, then there was some type of development that needed to be done before it could be rated.

Vike 17