Vcaa Notification Provision

[Wings]

United States Court of Appeals for the Federal Circuit

MAYFIELD v. NICHOLSON (April 5, 2006)

http://www.ll.georgetown.edu/Federal/judic...w%20Group%22%22

This case requires us to resolve an issue involving the notification provision of the Veterans Claims Assistance Act of 2000, Pub. L. No. 106-475, § 3(a), 114 Stat. 2096 (“VCAA”), codified at 38 U.S.C. § 5103(a).

. . . Mrs. Mayfield first argues that the language of 38 U.S.C. § 5103 requires the VA to provide a claimant with a

single notice

containing all the information referred to in the statute. She contends that there is no authority in the statute permitting the Board of Veterans Affairs or the Veterans Court

“to combine, cobble together, or aggregate various VA notices issued over a period of years to support a conclusion that the VA provided the claimant with adequate VCAA notice.”

For that reason, she contends that it was legal error for the Board to look to the information provided in three separate communications—the December 1999 regional office decision, the June 2000 statement of the case, and the January 2002 supplemental statement of the case—as the basis for finding that the VA had satisfied the notification duty imposed by section 5103(a).

. . . We agree with Mrs. Mayfield that it was improper for the Board to conclude that the VA’s notification duty was satisfied by the notice of decision and the two statements of the case that it sent to her between 1999 and 2002.

REVERSED and REMANDED

[Berta]

Thank You Adora- for posting this-

this is important information for all claimants---

I used Pelegrino V. Nicholson instead of this one- but in any event -this is how I got a fast remand and am now getting expeditious treatment on my claim at the VARO. They are now forced to consider my evidence.

I received no support at all from my POA as first I asked the VA to CUE itself and the transfer of my claim to the BVA in mid-July.It got remanded on Sept 12th.

When they heard that I did get the remand they then sent in a supporting statement for my claim.

I had to explain to my POA what the violations of the VCAA were in my case- and the BVA has remanded numerous claims they hold POA on -due to the same VCAA violations.

Violations of the VCAA is the biggest VA scam going- it means that a claim will sit up at the BVA for years and cannot be decided there because it will be remanded and the RO literally has to start all over again and prepare the VCAA notice that the veteran should have gotten PRIOR to any denial at all of their claim.

I was promised VCAA letters by my VARO on my CUE claims- I almost died when I read that one-

CUE claims dont get VCAA letters.

Yet for my otjer claims I received nothing that is a legal VCAA Notice. My POA tried to say I did.

My fast remand proved my point.

Some vet reps and SOs are negligent in not checking what the VA has provided as a VCAA notice.

Although my SSOC said I received a VCAA "letter" it did not comply at all with established VA case laws and regs under the Veterans Claims Assistance Act.

After I wrote to Senator Craig about this and the fact that it was affecting other claimants- I dont know what he could do for those other claimants but he immediately contacted the VARO in my behalf.

They had already sent my claim to the BVA ,and tried to send his letter to the BVA for the BVA to handle a response- and that ploy failed.

They are now responsible again for telling Senator Craig why any of my medical evidence was never addressed and why they denied me provisions of the VCAA-

and why in over 3 1/2 years they were unable to correct these errors in established VA case law and regs.

This is a scam -guaranteed to stave off a proper award of benefits as long as they can.

If a veteran gets denied without proper VCAA notice they have already been denied their basic DTA rights that the VCAA was supposed to enhance.

Edited October 5, 2006 by Berta (see edit history)

[john999]

Berta

I got a VCAA letter regarding my CUE and my secondary DMII claim. For the CUE they just quoted the law about what the CUE must contain and gave me 30 days to respond with arguments. The secondary condition they were more specific. I sent it back asking for 60 days to get my act together and get some more medical. On the VCAA letter is says signing and responding to it are optional.

[Berta]

"On the VCAA letter is says signing and responding to it are optional."

Yet it did tell you what specific information you needed. That is what it should contain.

I was stunned to see how VCAA letters have to be detailed to the specific claim.Someone at the VARO told me they always underline that part.

I got one of those CUE letters too months ago and again I stated the regs they broke , citing all VA case law applicable, and why their error cost me less accrued benefits than they should have awarded.

I enclosed the decision I cued again too.

Heard today my claims for SC death and the CUEs went to a coach Tuesday and back to rating board yesterday. They certainly are working on them but I wish I knew what they were doing.I have additional evidence but need to see what they decide first.I think they have more then enough evidence as it is-all they have to do is read it.

[Guest jangrin]

Berta

I got a VCAA letter regarding my CUE and my secondary DMII claim. For the CUE they just quoted the law about what the CUE must contain and gave me 30 days to respond with arguments. The secondary condition they were more specific. I sent it back asking for 60 days to get my act together and get some more medical. On the VCAA letter is says signing and responding to it are optional.

John999,

I know the VCAA letter states signing it is optional. I think if you elect not to sign the letter the one year to submit evidence clock starts. Also in my husbands case "NOTHING" happened until the VA recieved the signed VCAA letter with the box marked no more evidence at this time.

Not signing may put the claim on a VA shelf for up to a year while they wait for you to send in evidense.When the SO got the copies of the signed VCAA letter she acted like this would get the claim moving on in the system.

JMO

Jangrin

[Vike17]

If the veteran doesn't sign the notice, the VA will wait the 60 days before proceeding with the claim(s). Also, if the veteran doesn't sign the form, they still have up to one year from the date of the notice to submit additional evidence to retain the original effective date.

Vike 17

[john999]

Alex Humpreys said I may not have a CUE due to my doctor saying I was unemployable ,but I may have an inferred claim that has been open for many years. I was employed after a number of years but now I am IU so who knows.