Appeal Obligation

[stillhere]

I submitted a claim for hearing loss in 1984 and my denial letter at the time was just 2 sentences and said claim for hearing loss denied. Did the VA at the time in 1984 have an obligation to make me aware of the fact that I had a right to appeal? This denial is also in my C-file copy from the VA with NOTHING else there? Is this the way they did business back then? I would be particularly interested if Berta would comment on this.

Thanks!

[Pete53]

The VA routinely sent out a boiler plate notice when they made a decision so my guess is that they did notify you in a back door sort of way. If they did not than you have a CUE Claim.

Good Luck

[Berta]

The VA used the concept of a 'not well grounded' claim in those days- in order to deny.

Still they should have given you appellate rights-

The VCAA of 2000 did away with the concept of 'not well grounded' and gave the veteran opportunity to support the claim fully.

Do you have evidence with which to re-open this claim?

[stillhere]

The VA routinely sent out a boiler plate notice when they made a decision so my guess is that they did notify you in a back door sort of way. If they did not than you have a CUE Claim.

Good Luck

Pete/Berta,

Below is the only notification I received back then and further more is the only thing in my official c file that they sent me:

Dated August 1,1984

We cannot grant your claim for disability benefits.

The evidence does not establish service connection for the following:

Evidence of records shows

that no hearing loss

occured during your

service

That is all it says.

now in March 8, 1984 also in my c file from the VA is they ask me for any and all information to support my claim of hearing loss that I may have in my possession.

This was requested before the decision but they NEVER told me anything about appealing and there is nothing in my records.

Think I have a shot at it his way for a cue?

Thanks for all your replies. I find this part of dealing with the VA very, very confusing. How do I submit a cue claim and do you think I should??

Stillhere

Edited January 21, 2009 by stillhere

[stillhere]

well I just went back to my denial letter and low and behold way down at the bottom is a preprinted IMPORTANT message to see reverse side for your appeal rights! I never noticed this and the other side of the denial letter is not in my C file so Not until I pulled the original this morning did I see it!

I missed it because I was so p---sed when I got this way back in 84'! Please all you vets out there when you get your denial letters make every effort to understand why you were denied. Don't do as I did!!

[Pete53]

Stillhere:

If it matters the VA did that to a lot of us. For me I let it go and understand that I was penalized cause I was not in the shape I needed to be to work my claim. I counted on VSO's who did not do their job. Its the system. I figure I was cheated out of over 70,000 but I got over it.

Good Luck.

[broncovet]

Dont know if this helps, but thought I would mention it:

THere are at least TWO cases when the 1 year time limit on appeals does not apply:

1. Clear Unmistakble Error, which is more difficult to prove than an appeal without CUE.

2. Multiple appeals. I am not clear on this one, but you can try reading this case, although it may or may not help you:

http://bulk.resource.org/courts.gov/c/F3/3...91.93-7090.html

If you have another appeal pending, you can "clarify your appeal issues", that is, perhaps you neglected to mention the hearing loss issue. The way I understand the law, is that you would not necessarily have to file a NOD on ALL the issues, if you filed a NOD for ANYTHING, you would "preserve" the one year date, and could, theoretically clarify your NOD later, even if you added other issues that you disagreed with in the NOD. Its JMHO, but I am pretty sure about this one. If I am right here is a hypothetical case: Veteran denied for hearing loss and tinnitus on 12-1-07. Veteran files NOD disputing hearing loss on July, 08.

On Jan. 09, Veteran clarifies NOD and states he disagrees with hearing loss AND tinnitus, both of which are denied.

According to my interpretation, the appeal would be based on both conditions..hearing loss and tinnitus because the timely filed Nod disputes the decision, and the Veteran certainly may add additional evidence, and even that he is also claiming to appeal the tinnitus. The NOD is not expected to be perfect..and need only be "reasonbly construed" by "expressing disagreement or dissatisfaction" and indicating an intent to contest the result.

Again, this is JMHO, and I suggest you research case law for your own satisfaction.

Edited January 22, 2009 by broncovet