Many of us have spent more time "working our claim" than the very employee working our claim has.
We know our own medical history better than any employee. We have read the applicable regulations, often many times over, and most of us have even read applicable case law.
Many of us have, or have access to the Veterans benefit manual, but I have not seen a single "reasons and bases" cite the VBM yet.
Hadit members generously help others with their time and their opinions on their case.
We can devote our full attention to our case, while VA employees have to deal with many cases, so we can become a "specialist" with our individual claim.
As Berta has pointed out, many, if not most of the time, the decsion maker for our claim has not even read everything, as we repeatedly see decsions which assume our evidence never happened.
I got an email from the director of a regional office. I had told him that 38 CFR 3.103 required a decision on my "Special Handling Request due to shredded evidence". He responded that it was a "request" and not a decision so they were not required to give notice, and did not have to do a written decision.
38 cfr 3.103(f), however, tells a different story completely:
I dispute the director's interpretation. There is no requirement that it be a "claim" to warrant a decision, but that it only "affects the payment of benefits". I think there is no doubt that my shredded evidence, and the RO's decision to deny special handling absent a written, appealable decision, conflates the regulation above. Over and over Veterans dispute eligibility, character of discharge, etc, and those things affect the payment of benefits, and are entitled to a written decision with a reasons and bases therof.
Im considering a writ of mandamus compelling the RO to give written notice in order to deny my Special handling request, since this affects my benefits effective dates.
Question
broncovet
Many of us have spent more time "working our claim" than the very employee working our claim has.
We know our own medical history better than any employee. We have read the applicable regulations, often many times over, and most of us have even read applicable case law.
Many of us have, or have access to the Veterans benefit manual, but I have not seen a single "reasons and bases" cite the VBM yet.
Hadit members generously help others with their time and their opinions on their case.
We can devote our full attention to our case, while VA employees have to deal with many cases, so we can become a "specialist" with our individual claim.
As Berta has pointed out, many, if not most of the time, the decsion maker for our claim has not even read everything, as we repeatedly see decsions which assume our evidence never happened.
I got an email from the director of a regional office. I had told him that 38 CFR 3.103 required a decision on my "Special Handling Request due to shredded evidence". He responded that it was a "request" and not a decision so they were not required to give notice, and did not have to do a written decision.
38 cfr 3.103(f), however, tells a different story completely:
"(f) Notification of decisions. The claimant or beneficiary and his or her representative will be notified in writing of decisions affecting the payment of benefits or granting relief. All notifications will advise the claimant of the reason for the decision; the date the decision will be effective; the right to a hearing subject to paragraph © of this section; the right to initiate an appeal by filing a Notice of Disagreement which will entitle the individual to a Statement of the Case for assistance in perfecting an appeal; and the periods in which an appeal must be initiated and perfected (See part 20 of this chapter, on appeals). Further, any notice that VA has denied a benefit sought will include a summary of the evidence considered."
I dispute the director's interpretation. There is no requirement that it be a "claim" to warrant a decision, but that it only "affects the payment of benefits". I think there is no doubt that my shredded evidence, and the RO's decision to deny special handling absent a written, appealable decision, conflates the regulation above. Over and over Veterans dispute eligibility, character of discharge, etc, and those things affect the payment of benefits, and are entitled to a written decision with a reasons and bases therof.
Im considering a writ of mandamus compelling the RO to give written notice in order to deny my Special handling request, since this affects my benefits effective dates.
Your thoughts?
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