I think we need to "call VA out" on due process regulations, some of which are contained in 38 CFR 3.103
You see, each time the VA gets away with 3.103 violations it emboldens them to do it again. Our claims show up on ebenefits, then disappear as "closed" without a decision. WHY? Once we apply for benefits, it becomes a waiting game where VA essentially says, "Let's wait it out, ignoring this claim and see if he knows his rights, and he will probably just "forget" that he applied and we save work and money." This is in fact, what often happens...we forget we applied it takes VA so long to process our claim, and it is quietly "closed" without a decision, assuming we abandoned our claim. 3.103 flies "in the face" of CAVC's "deemed denials" aka "implicit denials". See Mr. Bond's implicit denials:
Essentially, we now have "raters cliff notes" on how the VA can deny our claim without a decision. There are two favorite ways VA deny's our claim without a decision: They shred it or forget it.
"3.103Procedural due process and appellate rights.
(a)Statement of policy.Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part3."
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broncovet
I think we need to "call VA out" on due process regulations, some of which are contained in 38 CFR 3.103
You see, each time the VA gets away with 3.103 violations it emboldens them to do it again. Our claims show up on ebenefits, then disappear as "closed" without a decision. WHY? Once we apply for benefits, it becomes a waiting game where VA essentially says, "Let's wait it out, ignoring this claim and see if he knows his rights, and he will probably just "forget" that he applied and we save work and money." This is in fact, what often happens...we forget we applied it takes VA so long to process our claim, and it is quietly "closed" without a decision, assuming we abandoned our claim. 3.103 flies "in the face" of CAVC's "deemed denials" aka "implicit denials". See Mr. Bond's implicit denials:
https://asknod.wordpress.com/2015/04/08/cavc-bond-v-mcdonald-implicit-denial-requirements/
Essentially, we now have "raters cliff notes" on how the VA can deny our claim without a decision. There are two favorite ways VA deny's our claim without a decision: They shred it or forget it.
"3.103 Procedural due process and appellate rights.
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Vync
Good reason to verify the contents of a C-file...
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