Appeals Management Center (amc)

[Wings]

January 31, 2009

RE: 397/AMC

CC: Board of Veterans Appeals

VA File No. xxx-xx-xxxx

BVA Docket No. xx-xx xxx

First Name Last Name

Sreet Address

City, State, Zip code

Tel. Number

Department of Veterans Appeals

Appeals Management Center

1722 Eye Street NW

Washington DC 20421

First Name, Last Name, Pro Se

NOTICE OF DISAGREEMENT (NOD) (6 pages)(evidence attached)

OK, I left it on the web long enough. I work hard to keep my ID protected on the internet. ... I don't like those internet spiders that crawl the web for free information. Thanks everybody for your comments and positive vibes!! ~Wings

Edited February 5, 2009 by Wings

[Josephine]

Go for it Girl. You will bring them down.

Always,

Betty

[Wings]

x

x

x

Would anyone help me find some recent case law with the following statutes as Precedent; searching now through Federal Circuit and CAVC but it's slow going. Anyone have savy search skills??? ~Wings

A claim of entitlement may be either a formal or an informal written

communication requesting a determination of entitlement or evidencing a

belief in entitlement to a benefit. 38 C.F.R. 3.1(p) (2007). Any

communication or action indicating intent to apply for one or more VA

benefits may be considered an informal claim. 38 C.F.R. 3.155 (2007).

VA is required to identify and act on informal claims for benefits. 38 U.

S.C. 5110(b)(3) (2006); 38 C.F.R. 3.1(p), 3.155(a). The Board

commits remandable error when it fails to consider evidence that may be

construed as an earlier application or claim, formal or informal,

entitling the claimant to an earlier effective date. See 38 U.S.C. 7104(

a); Servello v. Derwinski, 3 Vet.App. 196, 198-99 (1992).

[halos2]

Wings, Sorry they did this to you. Don't know how they could deny all of the pertinent claims info. Jim Strickland knows of a really good laywer. jim912@gmail.com write him and see if he might be able to at least head you in the right direction. Guess you were right too fast would indicate denials.

x

x

x

Board of Veterans Appeals

DOCKET NO. 06-33 573

Decision Date April 30, 2009

ORDER

The appeal seeking CUE in the August 1988 administrative decision is dismissed.

There being no valid claim in the matter, the appeal seeking an effective date earlier than January 25, 1999 for the grant of service connection for PTSD is dismissed.

[allan]

Heads up Wings.

The AMC is real good at remanding claims to RO's notorious for mishandling clams & loosing/shreding evidence. They can let it collect dust for a couple years before it gets handed off. You may have to do a writ if your NOD gets burried.

No matter how well written your NOD is, don't trust them to do the right thing.

[Wings]

Heads up Wings.

The AMC is real good at remanding claims to RO's notorious for mishandling clams & loosing/shreding evidence. They can let it collect dust for a couple years before it gets handed off. You may have to do a writ if your NOD gets burried.

No matter how well written your NOD is, don't trust them to do the right thing.

Thanks Allan, I do not expect them to do the right thing. Are you working with an attorney? ~Wings

[Philip Rogers]

Wings - you haven't asked for my opinion, so I figured you don't want it but I'm going to give it anyway and you can just ignore it, if you so choose. Personally, I think you should go to the court because I don't see the BVA giving you satisfaction. Alex always said he'd use Robert Chisholm, in RI, if he needed an atty. Once you file with the court many lawyers will contact you and you can request a waiver of the filing fee, which they generally grant. Also, if the attys win but don't get a monetary award(ie: remand) they are paid thru the EAJA. As I see it, the late 80's decision was final, because it was an administrative decision and therefore it is not a pending claim. They made an error as you had a honorable period of service, prior to the bad discharge, which they should've based your benefits on. The up-graded discharge or correction cannot be considered. Going to the court will most likely take 3yrs before a decision is made and you'll probably get a remand. I see 5-8 more yrs before you get a corrected decision. I'm sorry the VA is still jerking you around!!! You should not give up, ever, ever, ever !!!!!!!!!!!!!!!!!!!!! I still feel it's a winner and should bring enough retro to help pay for that house you've wanted. I have a question, tho, shouldn't the CUE rule that was in effect back then rule?? jmo

pr

Edited May 10, 2009 by Philip Rogers