To Anyone Who Had A Claim Decision Made In The 1970's

[hurryupnwait]

To anyone who had a claim decision made in the 1970's, I would thoroughly review the decision. It seems that many people on this board had decisions made in the 1970's that had potential errors, (including myself, for not sending me a final decision on a claim).

Happy Trails

Paul

[hurryupnwait]

John,

Mine out of St Pete didn't either in 1978.

It only said if my conditions re-cur I could submit the evidence.

carlie

Carlie

The VA has to properly notify you.

I also found this in my files.

CLAIM STILL OPEN IF PROPER NOTICE OF DECISION NOT SENT TO VETERAN

§ A veteran’s claim was denied in 1969. The VA avers that a notice of decision was not sent to the veteran. In 1982, the veteran sought to reopen his claim. A September 1982 RO decision found the claim had been previously denied. The VA sent a letter only advising the veteran that his claim had previously been denied in 1969. The veteran did not appeal the decision. In 1998 the veteran, through counsel, indicated that he had never been notified of the 1969 denial and requested a formal decision on that claim. The VA’s 1998 response acknowledged failure to notify the veteran of the 1969 decision but found that the 1982 letter informing the veteran that his 1969 claim had been denied finalized the issue and that his appeal rights had expired.

In 1998 the veteran appealed to the Board. The Board denied the veteran’s claim concluding that the back condition had been denied in 1969, that the September 1982 RO decision confirmed and continued the 1969 decision denying the claim and that the notice of the 1982 decision notified the veteran of his continued denial of service connection and included appellate rights information.

On appeal, the Court found the 1982 notice inadequate because it did not provide a reason for the denial in 1969 as required at 38 C.F.R. § 3.103. Ruffin v. Principi, 16 Vet.App. 12, 15 (2002).

Paul

[john999]

Hmmmm.....if the VA had a duty to inform you of your appeal rights and did not do that is that a CUE? I am not basing my CUE on that issue, but I wonder. My decision does not even say I a have the right to any sort of review or increase if my problems get worse. It is a bare bones couple of pages as far as what is in my C-File. I know in a lot of governmental legal claims and cases if you are not informed of appeal rights they may throw out the decision. I don't know if that is the case with VA claims. I did not get a C&P exam, but that is probably no big deal. My rating was based entirely on my SMR's and in-patient hospital records at the VA.

[hurryupnwait]

Hmmmm.....if the VA had a duty to inform you of your appeal rights and did not do that is that a CUE? I am not basing my CUE on that issue, but I wonder. My decision does not even say I a have the right to any sort of review or increase if my problems get worse. It is a bare bones couple of pages as far as what is in my C-File. I know in a lot of governmental legal claims and cases if you are not informed of appeal rights they may throw out the decision. I don't know if that is the case with VA claims. I did not get a C&P exam, but that is probably no big deal. My rating was based entirely on my SMR's and in-patient hospital records at the VA.

It may not be a CUE because you never received a proper notice of a decision.

It might be considered an open claim.

CLAIM STILL OPEN IF PROPER NOTICE OF DECISION NOT SENT TO VETERAN.

Maybe ask your attorney about it. My attorney avoided calling it a CUE and is saying that it is an open claim, but in my claim, I had a c&P exam and then no decision was ever sent to me, this was noted in my BVA remand letter. The BVA went thru my C file and decided to make note that I never received a decision letter. I owe a great deal to the BVA lawyer that wrote that into my remand letter or I would have never remembered it.

Paul

Edited September 23, 2009 by hurryupnwait

[deltaj]

It may not be a CUE because you never received a proper notice of a decision.

It might be considered an open claim.

CLAIM STILL OPEN IF PROPER NOTICE OF DECISION NOT SENT TO VETERAN.

Maybe ask your attorney about it. My attorney avoided calling it a CUE and is saying that it is an open claim, but in my claim, I had a c&P exam and then no decision was ever sent to me, this was noted in my BVA remand letter. The BVA went thru my C file and decided to make note that I never received a decision letter. I owe a great deal to the BVA lawyer that wrote that into my remand letter or I would have never remembered it.

Paul

Paul, Were any of your unfavorable decisions on effective date made in or after 1980 and did any of these claims involve the issue of unemployability? I ask this because beginning in a particular date in 1980 V.A. began using a circular on unemployability which was basically illegal because no public comment had been made under law. The case that decided that recently at the Federal Circuit was Andrew Collaro v. Togo West and it is posted below under a link with that name.

[hurryupnwait]

Paul, Were any of your unfavorable decisions on effective date made in or after 1980 and did any of these claims involve the issue of unemployability? I ask this because beginning in a particular date in 1980 V.A. began using a circular on unemployability which was basically illegal because no public comment had been made under law. The case that decided that recently at the Federal Circuit was Andrew Collaro v. Togo West and it is posted below under a link with that name.

DelataJ

I did n't find the link.

I found the case. Thanks for the info

Paul

Edited September 23, 2009 by hurryupnwait