Open Claim

[Rockhound]

Has anyone read or seen where through an administration error or adjudication error, a claim that was thought to be closed was not. That since it was not properly adjudication, the claim remaind open for several years? Some how in the back of my mind I remember reading something about such a claim, but I cannot remember where I saw or read it.

Rockhound :)

[carlie]

Rock,

Thousands of claims remain open for many, many years due to never being adjudicated.

Give me a minute and I'll give you some URL's.

carlie

[carlie]

Rock,

Claims remained open:

http://www.va.gov/vetapp06/files6/0640169.txt

*********************************************************************

http://www.va.gov/vetapp06/files5/0636731.txt

It is likely

therefore that the RO denied, in its October 1956 letter,

only those claims for which an examination was scheduled, in

this case the orthopedic and skin claims, but not the hearing

loss claim. Giving the benefit of the doubt to the veteran,

therefore, the Board finds that the veteran's July 1956 claim

for hearing loss was not properly adjudicated at that time,

and remained open until it was subsequently granted by the

RO.

***********************************************************

http://www.va.gov/vetapp07/files2/0714780.txt

The Court, as part of a May 2006 decision, vacated and

remanded the Board's September 2003 decision that there was

no clear and unmistakable error in the August 1944 RO

decision. In so doing it directed the Board to first

consider whether the appellant had presented a claim of

entitlement to service connection for a psychoneurosis in his

August 1944 submissions that to date remained unadjudicated.

A specific claim in the form prescribed by the Secretary must

be filed in order for benefits to be paid to any individual

under the laws administered by VA. 38 C.F.R. § 3.151.

Any communication or action, indicating an intent to apply

for VA benefits from a claimant, his duly authorized

representative, a Member of Congress or some person acting as

next friend of a claimant who is not sui juris may be

considered an informal claim. Such informal claim must

identify the benefit sought. 38 C.F.R. § 3.155(a).

In light of the Court's May 2006 decision, the Board finds

that the veteran's August 1944 claim, as quoted above,

"reasonably" raised a claim for psychoneurosis. As such,

it remains unadjudicated.

Hope this helps a vet.

carlie

[Berta]

I have one open for 5 years that the VA tried to tell me was on appeal (it is still open and has never been decided at all)

I raised an open claim issue also-

however with award on my main claim-that issue will be rendered moot-

which is unfortunate for me in a way because I would like to pursue it- but it would not make sense if the other claim is awarded-

I bet there are plenty open issue claims around.