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Claim remaining pending in appeal status from 2003.
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Mr cue
Ok I am going to try and explain why this waiting on a judge decision is stressing me out a little.
Ok I apply 2001 for mental health and other things.
Well the VA has once again left my claim in appeal status again.
So any way I reapply in 2018 was granted 70% on appeal by bva a appeals decision that should have made the pending appeal from 2001 final.
Well the VA the board the VA lawyer are saying that they had no reason to address my effective date.
So this is a 18 year errors. Smh.
This is the 2nd time this has happen it is crazy.
So yes I have a real bad trust issue with the VA.
This is my lawyer to the court to get it address.
. The Board’s November 22, 2021 decision failed to address the effective date of psychiatric condition claim.
In his opening brief o argued that the Board failed to address the effective date of his grant of service connection for his psychiatric condition or whether remand was warranted for Regional Office to issue a Statement of the Case regarding the proper effective date. App. Br. at 21-22. The Secretary concedes that this Court’s January 2021 memorandum decision held that o August 2018 NOD “clearly indicated his intent to appeal all issues decided in both his July 2018 rating decisions, including the evaluation assigned for his psychiatric disorder” but argues that nothing in the Court’s decision relates to the issue of obtaining an earlier effective date. Sec. Br. at 16.
However, contrary to the Secretary’s position, nothing in the Court’s January 2021 decision limits the scope of the October 2018 NOD or the July 2018 rating decisions. As conceded by the Secretary, the Court’s 2021 memorandum decision clearly held that o October 2018 NOD clearly indicated his intent to appeal all issues decided in both July 2018 rating decisions, including the evaluation assigned for his psychiatric disorder.” R-968 (emphasis added). The Court’s use of the word “including” merely referenced a nonexhasustive example of an issue within his appeal of “all issues.” See Mauerhan v. Principi, 16 Vet. App. 436, 442 (2002).
The Secretary argues that the Board had no reason to adjudicate the effective date of o psychiatric claim. Sec. Br. at 17. However, as noted above, the Court’s
January 2021 decision noted that o acting pro se, intended to appeal all issues in his July 2018 rating decisions. R-968. Thus, “all issues” were placed in appellate status. Therefore, to comply with the Court’s decision, the Board was required to adjudicate on appeal all issues in his July 2018 rating decisions. Jones v. Shinseki, 619 F.3d 1368, 1371 (Fed. Cir. 2010).
In fact, the same is true for o September 2003 Statement of the Case (SOC), because he submitted a statement in support of claim disagreeing with the determinations in the SOC during the appeal period, thereby rendering that decision and the underlying claim not final. See R-4088-89. Because all the issues in his September 2003 SOC and July 2018 rating decisions were placed in appellate status only a decision from the Board on all the issues, including the effective dates could have resolved his appeals
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