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Appeal Closed Date


Leroy

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Hi,

I would like to know if there are any law cases of appealing a va claim, after the 1 year appeal date has closed.

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thanks, Leroy

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You can appeal it after a year based on the VA's having committed a clear and unmistakable error regarding the decision. The CUE would be based on legal or procedural issues, not medical.

If you were successful with that, you would have an effective date of the original claim.

Otherwise, my understanding is you can't appeal it. You can re-open it if you want to present new evidence. If you're successful with that, the effective date would be the day you resubmitted the claim.

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Leroy- you can re-open the claim by sending the VARO a letter as to your re-open request-

but you must send them new and material evidence to consider.

The date of the retro award, if they awarded the claim , becomes the date of the re-opened claim.

On a re-open like this- first double check the dates- (I feel all should save every VA envelope as well as VA letter) as- if the date of the actual decision was dated lets say June 4th 2005 -in the narrative with the denial, but your VA dated envelope says the postmark was June 16th 2005, (possible because they are so far behind)you could file a Notice of Disagreement and attach copies of their envelope to show that you are within one year of filing.(hope that adds up to less than 365 days)

New and material evidence to re-open -is evidence they have never gotten before.It cannot be redundant evidence but must have material bearing on the claim.

I strongly suggest that you attach copies of it to the re-opened claim.

Although the VCAA has strengthened some of the VA's DTA regs- still without new evidence on a re-open (or a good statement as to where the evidence is-) it could be denied again if they feel it is not new or material.

This BVA case shows what I mean:

http://www.va.gov/vetapp99/files3/9926042.txt

The only other avenue of approach is if the VA , in a past unappealled desicion , committed a CUE- a clear and unmistakeable legal error (not medical) and that, but for that error the claim would have succeeded.

CUE's are difficult claims- if you have some good new evidence a re-open is best way to go-

Edited by Berta
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Guest fla_viking

Dear Leroy

The ajudicaton of our claims was so bad that 6 states are ordered to re open vets claims. Even though you may have been denied in the past. I dont trust any of hte states ajudicaton. One of the tricks the VA pulled on me was I had two MMPI tests one just afterr service and one 3 1/2 years later. One had personality disorder and the other schziphrenia. The VA refused to by law superimpose the disablity tests on each other. When I did that. There was the same language, symptoms, test results. You can get a IMO to re reveiw all your trests and see if there is a connecton.

Because it was a VA ploy to keep disabluty periods seperatee. Many a vets can re open on that ground alone, but there are many other grounds also.

Terry Higgins

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