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DRO Hearing/BOVA

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bigbetty3id

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Is there a specific name for something of this statue. I had a DRO hearing back in 2010 at my local VARO from a NOD for 2005 for several issues. Got a copy of my C-File  and found this from the BOVA on my appeals. The Board also notes that although the Veteran voiced his disagreement with each issue addressed in the November 2004 rating decision, the (RO) Regional Office only addressed two service connection claims in a 2005 statement of the case.

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Yes, there is a name for it.  It happens rather frequently, where the Board simply "blows off" one or more issues, and they sometimes wind up "never adjuticated".  

Its called the "implicit denial" rule, and its discussed here:

https://www.hillandponton.com/special-effective-date-rules-for-va-benefits/

The CAVC calls it "deemed denials", and there is significant case law on that issue.  

Edited by broncovet
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