As you know in the topic Options I explained about my husband's 1958 claim for an EED. Well in looking over their denial under Evidence they states the following:
Your letter of August 17, 2005, establishing your claim for an earlier effective date for your service connected left knee disability.
Well it turns out that his August 17, 2005 letter was to the Appeals Management Center in Washington, DC requesting that a complete copy of his claims folder be sent to him by August 29, 2005 for his September 5th appeal. He goes on to state in letter that he would like to receive documents before September 5th to use in Appeal.
When did a request for a copy of your claims folder become an establishment of a claim for an earlier effective date? Even if they were to try and use this letter for an informal claim, they couldn't. Under §3.155 Informal claims it states:
(a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought.
No where in his letter does he state or identify a benefit sought.
Even though he sent them his NOD on July 10th (his 60 days for NOD doesn't end until August 17th.), we are wondering whether we should write them and ask that they add his disagreement on August 17th date, to his July 10th NOD. The reason why we disagree with August 17th date is because he originally filed claim in December 1958. December 1958 is the date of his original claim not August 17th. As you know his 1958 claim cannot be found, and because VA never issued a final decision on it, 1958 claim is still pending or open whichever you want to use. We want to preserve the December 1958 date and not August 17, 2005.
Please let me know whether he should add this to his July 10th NOD.
For those of you who may be confused by the above, please read topic Options.
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Charleese
Hi everyone again,
As you know in the topic Options I explained about my husband's 1958 claim for an EED. Well in looking over their denial under Evidence they states the following:
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