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"deemed Denied"
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broncovet
Someone recently had applied for multiple issues, and got a decision which denied one issue, and said nothing about the other. This is a "secret denial", or the courts use the term, "Deemed Denied".
This is one more trap to snare unsuspecting Veterans, and is a big "loophole" in the legislative/legal process which allows the VA to do this. DONT GET CAUGHT in this TRAP.
If you have applied for more than one issue, and your RO decision mentions only one and forgets the others, you have been "deemed denied", and you must appeal within 12 months, or that denial without a decision becomes final.
This works with awards of benefits also:
If you are awarded SC for hearing loss, for example, and your decision does not mention your arthritis claim, your arthritis claim has been deemed denied.
What to do:
If you are "deemed denied" then file a Notice of Disagreement stating that the decision did not address your claim for __________ condition. Do this within a year.
If your decision is more than a year ago, and your Regional Office blew off your claim, you have to prove CUE.
To prove Clear Unmistakable Error, in this instance, cite court case Roberson, which points out that "the VA must consider all the Veterans claims before rendering a decision".
In my humble opinion the VA does not have a legal basis for doing deemed denials, however, they do them anyway, and the Veteran has to go through years of appeals just to try to get benefits that are due to him. There is no accountability for this, and no penalty for the rater. Its the Veteran who pays dearly.
Edited by broncovetLink to comment
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