Did Not Get Appeal Notice With Denial

[stillhere]

My lawyer said that I could file a cue for not getting a letter that I could appeal my denial. Will this work?

When I received my C file a few years back I noticed that there was no copy of the appeal process letter with my denial. I told the lawyer that all I ever got in 1984 was a denial letter with just the words no service connection.

Now on the back of the letter way down at the bottom in light blue ink it did say I could appeal but I did not see it.

Anyone ever won a cue for this?

Thanks, Stillhere

[Navy04]

I don't think there is a CUE, but you can always challenge the VA on anything as long as there is the evidence.

[63SIERRA]

When I received my C file a few years back I noticed that there was no copy of the appeal process letter with my denial. I told the lawyer that all I ever got in 1984 was a denial letter with just the words no service connection.

Im not sure that in 1984 they were required to give the VCAA notice.(which tell you what you must do to win your claim).... you may want to research when the mandatory VCAA NOTICE went into effect.

Edited July 11, 2014 by 63SIERRA

[john999]

According to my lawyer, it is a basic violation of due process if the VA does not give you appeal rights with your rating, or if they send your rating and appeal rights to the wrong address. He says it is a CUE and we are going to federal court about it. However, unless your claim is final you don't have a CUE I think. In 1984 they did not have to list evidence or "reasons and basis" for a decision, but they did have to supply your decision and appeal rights. How can you appeal if you don't know your rights? This is what we are asking? In 60's, 70's and 80's decisions were horrible and I do believe that in the 80's there was a concerted effort to reduce vets. They tried it on me.

John

[63SIERRA]

Thanks for clearing that up John

[stillhere]

Thanks everyone. John my claim is final from 84 and I did not know I could appeal. Only received the one page letter.

I am watching your case very closely and pulling for you to win!

The VA has an obligation to right the wrongs that they placed on veterans historically.

I personally believe my families life would have been better if the VA had granted my claim back was raising my family and having to do without because of me limitation from my disability!

Stillhere

[Philip Rogers]

I think you would be hard pressed to win that. The VA has the assumption of regularity, in their favor, which basically means they are assumed to have done everything correctly. I believe the VCAA was implemented in 1999. The fact that you allegedly didn't know you could appeal probably won't hold water. It's kinda like ignorance of the law in no excuse. Any decision by any government agency is appealable. Back in 1984 the VA wasn't required to notify the claimant of basically anything. It didn't change until 1989, when the Court of Veterans Appeals (COVA) was started, which was later changed to the current CAVC . jmo

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