Vbm Info On "special Treatment" Regarding Certain Claims

[Guest Berta]

I just received the New VBM- they are again highlighting a point under 12.2.4 which they made in the old VBM.

Due to the Veterans Benefits Act of 2003 (Pub L.No 108-183) during the one year period from Dec 16 2003 to Dec 16 2004 "certains claimants who were previously denied benefits can force the VA to redecide the claim even though the denial has already become final."

Thi is not a CUE situation.

If these conditions hold- a NEW decision can obtained by requesting the VA readjudicate pursuant to Section 701 of the VBA of 2003:

1.the prior claim was filed after or pending on Nov 9,2000.

2.The VA sent the claimant a letter asking for more evidenece (after Nov 2000)

3.the claimant failed to submit all the info the VA requested within one year after receipt of this VA letter,

and

4. The RO denied the claim and the denial is now final because either

1. the claimant did not perfect a timely appeal or

2. the BVA denied and the claim and the claimant did not file a timely appeal to the CAVC.

The point NVLSP is making-is that the VA adjudicators might still be failing to apply this VBA provision and are WRONGLY (my caps) requiring the veteran to submit new and material evidence.

VBM 2005 Page 827-828