Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
- 0
Rebut "presumption Of Regularity" Impossible?
Rate this question
Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
Rate this question
Question
Quint7
Before my claim for an EED goes before the BVA my rep requested a supplemental statement of the case. It arrived yesterday and while it incorporated the reasons listed in my denial, it also said the main basis for denial is (get ready) even though there is no proof that I was EVER notified of the result of my original claims in 1994 as there is no letter in my cfile OR no returned letter containing notification, the "presumption of regularity" allows VA TO ASSUME THAT THERE HAD BEEN A LETTER AND THAT IT WAS SENT.
What? I could see the whole mail delivery thing...... but to assume under the same idea that a letter WAS EVEN TYPED UP sounds like bs to me. How is this not a violation of due process? I have read about denials due to exams being missed and VA using that claim to rebut the "I never got a notice" , but for an initial decision? Immediately after my enlistment ended? I posted in the thread aboutbenefit of the doubt but how could anything trump something like this? To assume a document was generated (back in 1994-5, pre automated leters I assume) and sent with 0 proof seems like a bit of a stretch.
Any opinions?
Link to comment
Share on other sites
Top Posters For This Question
4
3
1
1
Popular Days
Jan 20
6
Jan 23
3
Jan 24
3
Jan 21
2
Top Posters For This Question
Quint7 4 posts
john999 3 posts
Berta 1 post
broncovet 1 post
Popular Days
Jan 20 2011
6 posts
Jan 23 2011
3 posts
Jan 24 2011
3 posts
Jan 21 2011
2 posts
13 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now