change in the law

[mos1833]

hi folks

i ask this in another post but nobody will comment , so i;ll ask it here.

i was denied sc because the law at the time ruled it out .

then the law changed see 82-90 rating defects,

well when the new law took effect ,my claim was reopened after 82-90 

did i need to point that out or should i point it out now,

was this a duty to the va , to tell me that i could use the new law ?

thanks all

[R3dneck]

Maybe with the right wording you can convince them to CUE themselves based on the law.

[broncovet]

Chevron deference lets VA interpret its own laws to its liking, unfortunately.  You have to show how it conflicts with other laws, such as case law. 

Have you used these resources?

1  Veterans Benefit Manual.  Its very good with case law.  It costs about 150 or so, and worth it if you self represent. 

2.  Veterans Law Library. http://www.veteranslawlibrary.com/

3.  CAVC claim search.  You type in search terms, such as "82-90" if you want to see how cavc interprets it. 

4.  BVA search.

5.  Asknod website.  He often goes over a Veterans case, and offers his analysis. 

6.  Chris Attig website.  Hes a VA lawyer, and writes some helpful information. 

7.  Thomas Andrew has a case analysis website, too, that I find helpful. http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

Berta is good at doing some of this research for Vets, especially since some simply dont understand how to do that. 

[Gastone]

NaFC, but look how the VA recently changed the AO Presumptive regarding Neuropathy. After about 40 yrs and recent IOM studies, the VA now recognizes Chronic Neuropathy as long as some evidence (Acute or Chronic) appeared within the 1st year after exposure to AO or after discharge.

Who reopened your Claim and what was presented as New Affirmative Evidence? What exactly did the Rater give as a reason for the subsequent Denial. No NOD/Appeal filed? Have you put in the time researching BVA & CAVC Awards/Denial Decisions, find anything close to your claim situation?

What SC % would, in your opinion, come close to rating your condition?  You referred to a "Congenital Anomaly," was your original claim based on your active duty aggravating a condition you had from birth and was DX'd or not DX'd when you entered the service?

Semper Fi

 

 

[mos1833]

 

gastone,,,((((You referred to a "Congenital Anomaly," was your original claim based on your active duty aggravating a condition you had from birth and was DX'd or not DX'd when you entered the service? )))))

in 1985 they never had to consider any of that stuff,i wish the did ??

 

gastone , this is off subject, BUT. do i need to use a special form for a nod. because i just faxed a plain piece of paper saying

i wanted to disagree with their decision .

thanks

[Buck52]

MY 2 CENTS

If you sent them'' Notice of Disagreement''  with your name/claim file Number  and you got a receipt that they received it   I'd say your good to go on the NOD.

or call IRIS ask if they got your Notice of Disagreement!

 

JMO

 

...................Buck

[mos1833]

thanks buck

they said it will take time before they can post it.

oh one more question !! i dont want to burn your brain up lol.

but how can i get the second level on e-benefits , i live 80 miles from the ro and dont have transportation to go there.

i tried the other way on my computer, but it says i used all my chances up. crazy