bva appeals

[Ojeezy38]

Wats up Vets?I have a question.I had two appeals one has been with the Vlj since 12/09/17 for ptsd increase and another one for irritable colon,exema or dermititis on both feet that status was not even recieved at the board..Well now the second appeal is closed and location at the board .I only have my ptsd appeal with Vlj.Anybody have a idea what happened?Thanks for your help

[vetquest]

I cannot be sure but when I had two appeals before the board they closed one and rolled the closed one into the open appeal.  If you are at the BVA level you should be able to ask your lawyer or vet rep.

[broncovet]

Good answer, Vetquest.  I have had the same thing happen multiple times.  The BVA/VA "combines" your appeals into one.  

Sometimes, however, one appeal is dropped for no apparent reason, other than VA's incompetence.  

If you get your decision, and one issue was not decided, then you can consider appealing the board decision for failure to adjuticate xx claim.  

The problem is that some years ago a CAVC judge decided there can be "deemed denials", that is, if one issue is decided and the other is not addressed, the appeal period begins to run and the VEteran can assume it was "deemed denied".  

This whole "deemed denial" flies in the face of 38 cfr 3.103 which requires Va to issue a written decision...and "due process".  

I hope someone gets a great lawyer and successfully disputes a deemed denial.  Oh, yes, that has already happened, and the deemed denial is now weakened, because of more recent case.  

You can study case law, if you like, and I would encourage you to do just that.  Or, you can simply hire your own lawyer.  You can search the CAVC for deemed denials.  I did so and found many, many results, here:

http://search.uscourts.cavc.gov/search/