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M - 21 Or 38 Cfr

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carlie

Question

Does anyone know of written rules or regulations for adjudication that

pertains to inextricably intertwined claims.

I keep searching and find it in decisions but can't find a written rule for this ?

thanks,

carlie

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  • HadIt.com Elder

Carlie, Plenty of case law on "inextricably intertwined” claims but no regulations per se in CFR or M21-1.

See VAOPGCPREC. 6-96 http://www1.va.gov/OGC/page.cfm?pg=2

The concept of “inextricably intertwined” claims has been employed by the CVA to describe a limitation on its own jurisdiction. In Harris v. Derwinski, 1 Vet. App. 180, 182-83 (1991), the CVA held that when an issue decided by the Board is “inextricably intertwined” with another claim which remains pending before VA, the Board decision is not “final” for purposes of CVA’s jurisdiction under 38 U.S.C. §§ 7252(a) and 7266(a) until the related claim has been finally decided. However, nothing in Harris or other CVA decisions concerning inextricably intertwined claims imposes a limit on the Board’s authority to issue final decisions on certain questions and remanding distinct but related questions for further development.

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Adora,

Thanks for the info.. I'm wanting to point out to the RO that my claims are inextricably intertwined but it sounds like I'll have to have BVA do that for me.

I think I'll try to get another hearing set up instead, will probably take the same amount of time.

carlie

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