Vcaa Notice Response ?

[LeroyJohnson]

Just received notification from VA that they are working on my appeals . I have three different cases plus a 1151 case at this time.What I am finding strange is that they have put all medical conditions in this notification and sent a VCAA notice response with the notification .I have never had them do that before.

What I am wondering is does this mean that they are now ready to decide ALL my claims at one time?

I has a C&P for the 1151 two months ago. It is the only issue not mentioned in this notification .I think they are taking their time with the 1151 eye claim as it should give my at least a N rating or at least that is what I think it should be(totally blind in one eye which was their mistake) 10%tunnel vision in my good eye which I think is on their scale considered blind for rating proposes .It is my understanding that they rate the loss of a eye based on your vision in your good eye, but I could be wrong in my understanding of how the rating works.

Leroy

[Guest Berta]

Leroy- I just got a letter like that too---

This is odd-

I griped to the Director of my VARO as to the status of my claim- 4 had never been acknowledged-

Well today the VARO sent me a letter indicating that two are in appeals-still in process and that my CUE of July 14, 2004 "has been reffered for immediate developmental action," Guess this is what the sudden hoopla was over the past week- much movement at the VARO but I did not know which claim-

The rest of the claims - a CUE I filed on lack of any rating at all on Rod's heart disease- they said they would re-open as a claim under CUE for direct SC death-

(But I want direct SC death as result of my DMII claim and wanted this CUE to provide the rating.I dont get that.)

Three separate times they state that I will receive a VCAA development and informational letter-on three separate issues.

Leroy- I think they messed up and that we were supposed to get these VCAA letters long ago---

I accepted the VCAA as a given- and never had an acknowledgement like this before-

I forget veteran- you aren't dealing with Buffalo are you?

Then they said they accepted my gripe letter as my 1-9 Appeal ????

I don't want that-I have 3 weeks left to prepare the I-9 and I got some pointers from the VBM.It is almost done-that letter is no where near what my formal appeal should state.

Hell- now I have to respond to this- and get them squared away- but I planned on submitting more medical evidence

If we aren't sent this VCAA letter doesn't that set up a potential CUE?

Men and women- what the heck does this mean?

from M21-1 Change Feb 9, 2005 Part VI, Para 7.07 (B)

(:P Additional Evidence Needed. In situations where individual unemployability is inferred and additional evidence is needed, such as completion of VA Form 21-8940 to furnish employment history, a new EP will be established, provided the two requirements discussed in subparagraph 7.07b(1) are met. It is not proper procedure to send out a VA Form 21-8940 when the schedular requirements are met, but there is no evidence of current service-connected unemployability. If no other issues remain pending, the existing EP will be taken by award action or PCLR and a new EP 021 will be established at the point of initial development. The date of claim will be the date of the new VCAA notification letter to the veteran.

The date of claim will be the date of the new VCAA notification letter to the veteran.???????This seems to apply only to certain 4.16 claims but 2 of my vets got this date and NODDed it- dont know results yet-

from: http://72.14.203.104/search?q=cache:5LBrhi...k&cd=1&ie=UTF-8

BUT:

"Note: The VCAA notice with all its enclosures (which are also called attachments and templates) must be of record in the claims file to document VA’s compliance with its statutory Title 38 § 5103(a) VCAA notice responsibility. Offices are not required to include in the claims file copies of any blank VA forms (e.g. VA Form 21-4138, VA Form 21-4142) issued with the notification letter"

It seems to me that- athough violation of Duty to Assist is not basis for CUE-

if VA fails to inform the veteran of their statuatory DTA- by NOT sending the VCAA letter- that could be CUE if the claim was denied and never appealed? Hmmmm....

It would violate the Veterans Claims Assistance Act of 2000, PL 106-475.

Any thoughts on that?

Leroy- after I just read M21-1 ,Part 1, Chapter one- they must have messed up and this is why we are getting these VCAA letters -they have to come with every claim-

I dont recall ever getting any on my 3 claims they are working on now- let alone the 3 VCAA letters that are coming on my other claims.

Edited February 2, 2006 by Berta

[john999]

Berta

What is the VA's definition of "Immediate"? These people are in a different space/time warp than the rest of us.

[Guest Berta]

I think it means the same thing to VA as "expedite", like in the case of a BVA remand of a WWII vet who is on life support-

[Guest Namvet6567]

The VCAA letter is required to be sent as acknowment of receiving your claim and failure to do so would be CUE. The letter explains, step by step, what you need to win your claim.

[Guest Jim S.]

I'm not so sure it would be a CUE, since failure to assist is not ground for CUE, but it is a failure to properly adjudicated the claim, leaving the claim open, not final. And certainly something to bring up in your appeal.

Jim S. ;)

[Guest Berta]

They are sending me 3 VCAA letters on claims I filed in 2004 but they have never sent any on the main 2003 claim and my 2 CUE claims they are working on now -hmmmmm. I will keep that in my hat-----

The only reason I am getting these 3 VCAA letters is because I sent the Director a letter 2 weeks ago and called the director's attention to all the screw ups in my DRO review.

Then things started moving with my claims. Like- they actually opened the c file.