What Is A Vcaa Letter Or Notice

[Josephine]

What is a VCAA Notice and who sends it to you and what does it say and what does it look like. Should it be listed on your remand from the BVA , when you are at the Management Center?

Josephine

[Berta]

I answered this on Aug 9,2006, post # 28 under How do I get out of-

Based on the BVA decision and citation # you gave us here- the BVA has already acknowledged the lack of the VCAA notice and this is part of your remand.

Jangrin posted at hadit a scan of what this notice looks like.

Part of- what I mean is this-

I never got a VCAA letter- however I knew what they would suggest I get- because of similiar widow's remands due to lack of VCAA Notice at the BVA site--an IMO-

I got two and am getting a third next week-

This was an error in VAROs Duty to Assist regs-

This error does not raise to level of CUE in unappealed decision.

The BVA catchs this error and remands-

For a fully valid claim- this does not affect the outcome- if the evidence supports the claim- however- it can stall the claims for years and the vet can die or give up-

However, if a claimant gives the VA the evidence they need to award the claim- the error is then not prejudicial.

A VCAA letter has to tell the vet specifics on what they need-

In your BVA remand the BVA stated what evidence you need-

in order to properly decide service connection-

Many vets-without a VCAA Notice- do not know what specific evidence the VA needs and can end up -years later getting a remand solely based on this lack of VCAA notice-

and they could have been gathering evidence all that time to support what VA wanted- yet-how does one gather evidence for something the VA has not clarified?

If you fulfill what the remand request asked for -or you make sure the VARO gets this evidence-

the VARO can determine a proper decision on the additional evidence supplied.

I felt your BVA Remand was very specific on what they needed.

If you supply the evidence, the error in lack of VCAA notice is an error that did not negatively affect the outcome of the claim- if the decision produces an award letter.

Not prejudicial, it doesn't matter if the claimant succeeds.

[LarryJ]

Josephine,

My remand from the BVA (to the AMC) states, in part:

1. Please send the veteran a corrective VCAA notice under 38 U.S.C.A., blah, blah, that includes an explanation as to the information or evidence needed to establish a disability rating and effective date for the claim on appeal, as outlined by the Court in Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006).

(they had to send me a "corrective" VCAA because the first VCAA that the VA Regional Office sent me did not compy with Dingess/Hartman v. Nicholson, in the fact that it did not address "the evidence needed to establish a disability rating and effective date".)

So, the AMC sent me a VCAA. I will break the VCAA down into just the headings of it's various parts, simply because it is two pages long and my scanner is on the fritz and I am not good to type that much information right now. I am sorry, have had a few bad nights lately, including last night. Anywho, here is how it goes:

WHAT THE EVIDENCE MUST SHOW

WHAT MUST THE EVIDENCE SHOW TO EXTABLISH ENTITLEMENT TO THE BENEFIT YOU WANT?

(here it lists: 1. you had an injury in military service, or a disease that began, etc., etc.

2. you have a current physical or mental disability shown by medical evidence

3. there is a relationship between # 1 and #2)

HOW WILL VA HELP YOU OBTAIN EVIDENCE FOR YOUR CLAIM

(here it tells you, well, it tells you about what records, evidence VA will help you get)

HOW VA DETERMINES THE DISABILITY RATING

(self-explanatory)

WHAT THE EVIDENCE MUST SHOW

(an explanation of what the evidence mush show to support your claim for an earlier effective date (I don't know if all are that way or just if mine is, but I don't know why they included it in my VCAA, simply because I did NOT request an earlier date.............?)

HOW VA DETERMINES THE EFFECTIVE DATE

(when they received your claim or when the evidence shows a level of disability that supports a certain rating under the rating schedule, etc.)

and, that about covers it. Hope this helped?

[LarryJ]

I'm sorry Berta, I didn't realize you were in the process of answering Josephine's query.

I'll crawl back into my coffee cup.........

[Berta]

Longrider- thanks for that info-

interesting-

If you did not ask for an EED -but they apparently are considering one- this is good!

Dingess/Hartman:

http://www.hadit.com/forums/lofiversion/index.php/t3176.html and

http://webisys.vetapp.gov/isysquery/irl2b96/4/doc

Donald Dingess, and Marcellus Hartman V. James Nickolson

US CAVC case

[Josephine]

I answered this on Aug 9,2006, post # 28 under How do I get out of-

Based on the BVA decision and citation # you gave us here- the BVA has already acknowledged the lack of the VCAA notice and this is part of your remand.

Jangrin posted at hadit a scan of what this notice looks like.

Part of- what I mean is this-

I never got a VCAA letter- however I knew what they would suggest I get- because of similiar widow's remands due to lack of VCAA Notice at the BVA site--an IMO-

I got two and am getting a third next week-

This was an error in VAROs Duty to Assist regs-

This error does not raise to level of CUE in unappealed decision.

The BVA catchs this error and remands-

For a fully valid claim- this does not affect the outcome- if the evidence supports the claim- however- it can stall the claims for years and the vet can die or give up-

However, if a claimant gives the VA the evidence they need to award the claim- the error is then not prejudicial.

A VCAA letter has to tell the vet specifics on what they need-

In your BVA remand the BVA stated what evidence you need-

in order to properly decide service connection-

Many vets-without a VCAA Notice- do not know what specific evidence the VA needs and can end up -years later getting a remand solely based on this lack of VCAA notice-

and they could have been gathering evidence all that time to support what VA wanted- yet-how does one gather evidence for something the VA has not clarified?

If you fulfill what the remand request asked for -or you make sure the VARO gets this evidence-

the VARO can determine a proper decision on the additional evidence supplied.

I felt your BVA Remand was very specific on what they needed.

If you supply the evidence, the error in lack of VCAA notice is an error that did not negatively affect the outcome of the claim- if the decision produces an award letter.

Not prejudicial, it doesn't matter if the claimant succeeds.

Berta

For the remand that I sent the docket number for. I answered every paragraph and item number of the remand and sent it all the The Management Center. I have not sent anything to the Regional Office. I placed a waiver in my claims file, forbidding the Regional Office from touching my file or making any decisions.

I notice that each person that post on this site, appears to be a lawyer or way advanced in the laws of the Va. My niece is a Supervisor of the DRO'S. which is why my file was transferred to another state, and I am dumb to everything that the VA does.

I have ask her countlesss questions and get no where. Absolutely no where!

She is all VA.

I am hoping the lady psychaitrist will back off or I will hope for another C&P. I ask for another one for 9 nines after that, but the Regional Office refused. They stated in their Supplemental Statement of the Case. They knew that I did not agree with the examination, but it was good enough for rating.

I don't understand my claim, because I filed in 1978 and didn't get a chance to do anything. I re-filed in 2002 and was automatically denied, but received a pension. I turned in the psychiatric records and the letter from the Commanding Officer and received a Statement of the Case which said as things were to date, it appeared that I would not be eligible for benefits due to the personality disorder. The DRO also stated that this was not his final decision and that He was sending me a form 9 to return in 60 days and that I was being scheduled for a C&P Examination. This was all in one letter. After the examination of more likely than not and that mental illness did not run in my family. They hurried and transferred me out. Four months later I went to that Board of two Psychiatrist. They said that nothing bothered me in service and being that the doctors would not allow anyone to be present during the examination, I ask for another one, but received a Supplemental Statement of the Case 9 months later and now I am at the Management Center.

Thanks for putting up with me again.

Josephine

[Josephine]

Longrider- thanks for that info-

interesting-

If you did not ask for an EED -but they apparently are considering one- this is good!

Dingess/Hartman:

http://www.hadit.com/forums/lofiversion/index.php/t3176.html and

http://webisys.vetapp.gov/isysquery/irl2b96/4/doc

Donald Dingess, and Marcellus Hartman V. James Nickolson

US CAVC case

Longrider,

Not wishing to sound as stupid as I feel. What is a EED? When my niece comes to my home, She is a Supervisor of the DRO'S, she dares me to get out any Va papers.

Josephine