"deemed Denied" Question

[vaf]

If a veteran doesn't receive any specific information regarding a claim that falls under the "deemed denied" category, then what does this mean for the mandatory VCAA notice regarding any claims falling under that category?

[john999]

Vicki

If you get a VCAA for a specific claim then it seems to me you should get all the benefits of the claims system on that claim including all noticies of appeal rights etc. To not notify you that this type of claim has been denied violates the spirit and law of the VCAA. This just follows logically in my mind. If you don't get a VCAA on a claim then you may fall below the radar. It is important to get a VCAA letter for each claim you file. I know this does not apply to CUE but what about Section 1151?

[Objee]

If a veteran doesn't receive any specific information regarding a claim that falls under the "deemed denied" category, then what does this mean for the mandatory VCAA notice regarding any claims falling under that category?

Understand that the court held that any claim not specifically mentioned in a decision letter is "deemed denied".

It doesn't matter whether the VCAA letter mentions the claim or not. (The fact that this decision is contrary to the CFR rules is irrelevant. It's now a part of the case law about appeals.) Is it right? NO. But, neither was the Kelo v. New London correct about Eminent Domain. It's the new "living Constitution" court crap we're supposed to adopt with enthusiasm. Bulls**t. It's anti-Constitutional, but if we tolerate it, it'll stick.

Ralph

[vaf]

So the court just gutted all the meaning out of the purpose of a VCAA letter. How can the veteran be advised as to what he/she needs to prevail in a claim when they aren't event told the claim's been denied or why? The VCAA letter is supposed to be specific in telling the veteran what is needed to prove a claim.

I guess I don't understand, am I missing something?

[sixthscents]

Yep thats exactly what the court did. So all the advocates will now have to automatically file a new NOD with every decision that does not mention the other injuries or illnesses claimed. Further they will have to provide "new and substantial" evidence or they (the VA) will just vacate the claim yet again. The same 60 day window will apply, so the vacated claims must be re-filed within that period, and in any future rating if not mentioned yet further evidence will have to be supplied... again and again

Do we really wonder why we hate the VA? I mean not necessarily the individuals, but the whole darn system?

As far as the comittee goes though, I personally believe thats a dead issue. They'll issue some "findings", and they'll fail to get any further support from the Democratic House and Senate. They may get some minor things updated, but I thik that the whole stalking horse has been pretty well shod.

The VA and congress are not our friends, but I think out of simple partisanship the dems will slap down any move made by the republican committee... just out of spite if nothing else. Well just have to see. I certainly think that some changes will occur, just dont forsee any major ones either for or against us. The VA is constantly re-defining CFR 38 without the committee anyway. Plus the stays, the appeals, its all just a process to get people to die or quit. And the sad fact is that the VA wins hands down simply by playing the percentages that they themselves have leveraged against the vet.

I've got LOTS of 4 letter words for the VA raters and their system. That doesnt include the average VA employee though.. like the normal doctors and nurses etc. Once you get free of the rating system, and get rated at 100% (enourmous effort that it is) then it all pretty well smooths out... or it has for me anyway. Even the raters seems to have given up. I wrote a one page letter explaining that they had made a mistake with my SMC and that I should have been rated 1/2 a level higher than I was explaining why I thought so with ref to CFR 38 included. 21 days yes 21 DAYS later I received the new rating and a week after that the back-pay. Go figure.