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free_spirit_etc
I have been out of the loop for awhile, so I am rusty on the NOD / Appeal process. I welcome any feedback concerning my proposed appeal. This would be an attachment to a Form V9.
Thanks in advance!
In Reference to: xxxxx
January 5, 2012
I am appealing the decision dated November 21, 2011 indicating the payment of $300 toward my husband’s burial plot represents a total grant of benefits sought on appeal.
I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1, all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR.
Some of the specific errors of facts / law on the most recent decision which I disagree include, but are not limited to:
The decision indicates the $300 payment toward my husband’s burial plot represents a total grant of benefits sought on appeal.
I disagree that this decision represents a total grant of benefits sought on appeal, as the decision did not address:
The decision also indicates that the reimbursement is for the burial of a veteran whose death is not service connected.
As whether my husband died from a service connected condition has not been finally decided, I request to preserve the right to receive the service-related death burial benefit for my husband.
Respectfully submitted,
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