ON A HIGHER LEVEL REVIEW ARE THEY REQUIRED TO DISCUUS ALL CLAIMS OF ERROR?

[Otrgypsy]

I requested a higher level review after the last decision because they screwed up the effective date by a year. I also argued that they screwed up by giving me just 50% for OSA because the claim was for sleep disorders and they gave me nothing for insomnia, and central apnea - both found to exist and to be connected by the BVA. And they never rated or discussed chronic fatigue which was in the original application and supported by the evidence.

They granted me the additional year of back pay. However, they didn't say a word about the other claims of error. They invited me to submit a supplemental claim stating: "Please note: The evidentiary record closed as of the date of notice of our prior decision. VA received additional evidence after the record closed that was not considered as part of this decision."  The problem with this is I DID NOT SUBMIT ANY ADDITIONAL EVIDENCE. If this invitation to submit a supplemental claim was done on purpose and not accidentally or incompetently, it suggests that someone got their head up their ass and confused dates.

Don't they have an obligation to discuss all claims?

[broncovet]

Unfortunately, NO.   This is not the first time the VA just simply "forgot" to address one or more issues, as they indeed did with my claim. 

 The Board of Veterans Appeals has an obligation to provide a reasons and bases for decision.  

However, there is something called a "deemed denial".  

If the Regional office DID NOT address your issue of "Chronic Fatigue syndrome", you can do one or more of the following:

1.  File a CUE on the decision arguing they failed to comply with the board decision (regarding Chronic fatigue).  You can allege a violation of 38 CFR 3.103 as it states that "claimants have a right to a written decision" and you have not received a written decision on your chronic fatigue issue.  Source:

Quote

 3.103 Procedural due process and other rights.

(a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part 3.

2.  Appeal said decision to the Board/and or via supplemental claim.