Where to find this VA mandate

[jamescripps2]

I am sure that I have read this either in the 38 C.F.R or the 38 U.S.C.   A  mandate, that where there is an option, or choice, the VA is to choose the most favorable option in the best interest  of the veteran. Where can I find this mandate? I am looking in the C.F.R but I have not found it yet.

Thanks

[Buck52]

of reconsideration at the Regional Office level simply does not exist in statute or regulation.

A “request for reconsideration” at the Regional Office will simply be considered a new claim for compensation (most commonly a request to reopen).  Even if filed during the one year time frame to file a Notice of Disagreement in relation to a prior Rating Decision, the VA will still consider a “request for reconsideration” as a new claim for compensation.   Under 38 C.F.R. § 3.156(b), if “new and material” evidence is submitted along with the “request for reconsideration” the veteran may be able to preserve the effective date of award from the prior Rating Decision.  Too often, however, the Regional Office either does not consider the submitted evidence as “new and material” or fails to associate those documents with a prior claim.  Hence, many veterans lose years of retroactive back benefits despite their earnest belief that their original claim is still pending.

The structure of the VA appellate process is relatively straightforward, as we detailed in an article published last summer at http://www.finkrosner.com/articles/va-appeal-process.html.  The proper mechanism for disagreeing with a Rating Decision is to file a Notice of Disagreement (NOD) within one year of receiving that decision.

Sourch  :

Fink Rosner

Ershow Levenberge LLC

[Buck52]

 off subject here,.

If a veteran is awarded 100% and gets chapter 35...how long does the veteran have to request benefits for his children that are in school or already finished school..will the VA Pay for his children's school? what is the limitations on this?

 

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

[Gastone]

The "Writ"  only addresses the RO's inaction regarding the DRO Review requested by the Vet, there is no automatic guarantee of an Award Decision. 

Once the RO provides the DRO Review/Hearing that is the focus of the "Writ," regardless of an Award or Denial, the "Writ" becomes moot and is dismissed.

Semper Fi

[Gastone]

The "Writ"  only addresses the RO's inaction regarding the DRO Review requested by the Vet, there is no automatic guarantee of an Award Decision. 

Once the RO provides the DRO Review/Hearing that is the focus of the "Writ," regardless of an Award or Denial, the "Writ" becomes moot and is dismissed.

Semper Fi

[broncovet]

No, they dont take any  benefits away when the Writ is dismissed, Buck.  

Yes, Writs are used to get the VARO/BVA off their duff and adjuticate issues long since ignored/delayed or other regulatory violations where an appeal does not/ did not resolve the issue, and further appeals are not appropriate:  You see, if you cant get the BVA to adjuticate an issue, then you cant appeal it.  This is what happened to Mr. Bachstett.  

[Buck52]

oic  okay makes sense, broncovet  thanks

this is the way I see a writ  like Ms Berta mention

''.I think you mean this''...''.if a veteran files a Petition (Writ) of Mandamus with the CAVC, they must have exhausted all avenues of Administration Appeal first .''

I am not sure on this either butit to me it seems that a DRO Hearing and  Request for review or reopen claim and even a reconsideration is basically the same.

this is why its important to not let the NOD limit run out/or keep your NOD in Appeal.(if need be?)

Edited January 22, 2016 by Buck52