Is A Claim Decision Letter Is Legally Binding?

[cowgirl]

My cowgirl question of the day. Got my thinking cap on today.

"When it comes to disability ratings, is the entire VA decision letter legally binding? or only the wording part of the decision letter legal and binding?"

As I read about VA court cases, precidented and unprecidented, I wonder if the court holds the entire decision, numbers and date or simply a portion thereof.

Are only the words legal? or everything on the letter including dates and numbers? Or is only the raters statement and what is attributed to the compensation examiner or other medical professional held to be binding?

Just wondering really how to deterimine if a NOD is needed, by the details on the letter or the intent. I suspect the intent.

Best to'ya,

Cg'up2009!

Edited March 4, 2009 by cowgirl

[sharon]

The VA rating decision is binding until the VA calls a CUE on itself. Event then you are giving DUE PROCESS. The letter is a notification and any mistakes on it will be considered an administrive error. If the rating decision gives you 10% and the letters states 100% you will not get the 100% based on a typo. The percentage is listed under the DECISION and then again under REASON FOR DECISION.

[cowgirl]

Oh Ok Larry, my sides hurtin and got a silly grin on my face now! You are a card!

The reason I ask is because a claim decision letter summary seems abbreviated in contrast to any wordy SOC I have recieved in the past. And with the important information, dates and or numbers on either letter all details should weigh in similar. If regulations are applied, very little room to interpet the facts. Sure seems very simple to me, but heaven knows why it takes years to prove, giving benefit of the doubt to the veteran of course.

and you, Larry.....no extra charge for excerbation of a major dependency disorder.

Cg'up2009!

[Rockhound]

<br />Why, CowGirl Darlin', you know that the VA is here to help and protect you. To see that you are taken care of, you and the widows and orphans, yada, yada, ding-ding!<br />I just cannot understand such distrust of a non-advesarial, government of the people, by the people and FOR the people, institution such as the VA.<br />Why, it just breaks my heart, seeing all this suspension of trust and cordiality directed toward one of my mostest favorite gubbermintal entities.<br />Now I fear I must go sit somewhere by myself to mourn. <br />You have, albeit unintentionally, caused an excerbation of my major dependency disorder.<br /><br />In fact, I feel spoiliated!<br />

<br /><br /><br />

Larry, your humorest look on a post is always a delight, but when was the VA ever a part of a governmental agency "of the people, by the people, and for the people? If it were, wouldn't you think we would have the same rights and privelages as every citizen does? Veterans are treated in the same way that children are treated, although we have certain protections, which are mostly ignored and or abused, we in no way have the freedoms to fight our claims in open court as a normal citizen would have, nor does the VA care that our treating Dr's have a better understanding of our health issues, than a Nurse Practitioner at a C&P exam. You would never see that in a case with the average citizen seeking damages comparable to VA compensation and benefits.

Sorry, I'm just tired of being treated like a second class citizen, expecially since Veterans gave some and some gave all, so that every citizen would have the freedoms they have now.

Rockhound Rider

[cowgirl]

Sharon, thanks for your response and I'd like to agree, but if the letter is simply a notification letter as you suggest, then where is the beef? For the 'specifics' do we each need to ask for a soc for awarded or denied claims? Guess I was looking into an administrative error if parts of the decision and reason for decision doesnt match.

Can you describe how the VA determines if a word or number is an 'administrative error?'. Looking over the regulations, I believe the letter should state the truth even in the details. Now, if the details aren't challenged, then I think they are held as 'true' or in stasis.

Sharon, without going through the CUE process, is it possible that the VA can correct small administrative errors? (mispelt words or names, incorrect rating matches or IMO dates, etc) I don't think its simple, but maybe you have a different insight.

Thanks, you seem to be well informed,

Cg'up2009!

binding until the VA calls a CUE on itself. Event then you are giving DUE PROCESS. The letter is a notification and any mistakes on it will be considered an administrive error. If the rating decision gives you 10% and the letters states 100% you will not get the 100% based on a typo. The percentage is listed under the DECISION and then again under REASON FOR DECISION.

[sharon]

In the event that there is a typo a corrected letter will be issued to clear up the error. A typo is never binding. The only way a SOC will be issued is if you appeal the decision. Will post the ref later as I don't have excess to my regulation at this time.