Deshotel Knocked Down

[Berta]

http://vawatchdog.org/nfDEC06/nf122406-4.htm

"The basis for the Fed. Cir.'s decision in Deshotel was that the statute required only that VA provide notice, an explanation of the denial and right to appeal notification with regard to each decision VA issues, and not as to each claim filed by the veteran. Thus, the Fed. Cir. held, if the veteran simultaneously filed 5 claims, for example, and VA denied one of those claims, the other four would be "deemed denied," and the veteran would never be notified of those denials. "

[Dorothy Kansas]

I always appeal all issues not granted or adjudicated. I put it on my Form 9 and I also do a detailed NOD.

[Vike17]

Rocky,

I think I answered your question in the thread "Intital claim over one year" on page 30 of this board. Go back and read through my response and I think you'l have your answer.

Vike 17

[john999]

Objee

Don't worry. The VA almost never acts on what should be an inferred claim based on evidence it has in the record. They are too lazy and have no interest in helping vets make claims. If you don't file at least an informal claim for a benefit you won't be considered for it 99% of the time.

Peter53's claim for CUE based on the VA not considering him for Housebound is a good example of a inferred claims that was ingnored for 10 years. For example, if some place in your claim your doctor or the VA mentions that you are unemployed this is an example of what might be an Inferred Claim, but the VA will not act on it unless you claim it formally or informally. Formally means you file out a VA application and informally means you write them or notify them of a desired benefit. Inferred and Informal are two different animals.

[Objee]

Objee

Don't worry. The VA almost never acts on what should be an inferred claim based on evidence it has in the record. They are too lazy and have no interest in helping vets make claims. If you don't file at least an informal claim for a benefit you won't be considered for it 99% of the time.

Peter53's claim for CUE based on the VA not considering him for Housebound is a good example of a inferred claims that was ingnored for 10 years. For example, if some place in your claim your doctor or the VA mentions that you are unemployed this is an example of what might be an Inferred Claim, but the VA will not act on it unless you claim it formally or informally. Formally means you file out a VA application and informally means you write them or notify them of a desired benefit. Inferred and Informal are two different animals.

Thanks, John. I guess I'm afraid of the VA and go to paranoia pretty quickly. Brain farts are common.

Ralph