I have been reading some posts about a new law that went into affect a couple of years ago where no mention of a decision is a decision? What is this law? The reason I bring it up is I have a joint remand from the USCAVC in 2009 for 4 issues going on 14 years now. I thought some movement was coming as I was told a new decision was being made on my case.
The RO had already made one decision in July 2013 bumping up a combined 10% for neurological symptoms of my back from 2002 to 40% for my left side and 20% for my right side. However, they said the examiner did not comment on my disability prior to the 2013 exam. The whole reason the remand was there was because they ignored evidence and most of their exams from 2000 - 2008 for my back were thrown out by the court lol. I'm sure I went from mild neurological symptoms to overnight severe when their exam was done :)
Anyway my lawyer at the time had appealed their July 2013 decision. We never heard back. Then they tried to take my TDIU away (I'm 94.4%) and my P&T in January 2014. They sent me a decision a few weeks ago calling it a special mandate in my case. They decided my TDIU and P&T were intact.
That was a relief but I since looked at the decision again. This is the part that now concerns me. They wrote at the end this is to be considered all claims inferred or raised from the special mandate. I'm working on a new appeal letter currently.
So is this their new way of saying we deny your claims back to 2000 again without saying it????
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dav_marine72
Hey Folks,
I have been reading some posts about a new law that went into affect a couple of years ago where no mention of a decision is a decision? What is this law? The reason I bring it up is I have a joint remand from the USCAVC in 2009 for 4 issues going on 14 years now. I thought some movement was coming as I was told a new decision was being made on my case.
The RO had already made one decision in July 2013 bumping up a combined 10% for neurological symptoms of my back from 2002 to 40% for my left side and 20% for my right side. However, they said the examiner did not comment on my disability prior to the 2013 exam. The whole reason the remand was there was because they ignored evidence and most of their exams from 2000 - 2008 for my back were thrown out by the court lol. I'm sure I went from mild neurological symptoms to overnight severe when their exam was done :)
Anyway my lawyer at the time had appealed their July 2013 decision. We never heard back. Then they tried to take my TDIU away (I'm 94.4%) and my P&T in January 2014. They sent me a decision a few weeks ago calling it a special mandate in my case. They decided my TDIU and P&T were intact.
That was a relief but I since looked at the decision again. This is the part that now concerns me. They wrote at the end this is to be considered all claims inferred or raised from the special mandate. I'm working on a new appeal letter currently.
So is this their new way of saying we deny your claims back to 2000 again without saying it????
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