carlie Posted February 9, 2006 Share Posted February 9, 2006 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 Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted February 9, 2006 HadIt.com Elder Share Posted February 9, 2006 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. USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T) Link to comment Share on other sites More sharing options...
carlie Posted February 10, 2006 Author Share Posted February 10, 2006 (edited) 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 Edited February 10, 2006 by carlie Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
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carlie
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
Carlie passed away in November 2015 she is missed.
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