New York | Veterans Law
Legal Question
Immediate Representation
I'm in a bit of a fix. I discovered that there is a 25 year old unadjudicated claim that is still pending because I believe the VA applied the wrong statues to my condition. As a result of my, foolishly notifying them of this error, my appeals have remain at the RO for many years. In 2006, I discovered that the RO had withdrawn all of my appeal issues. The claim that this was done to consolidate all of the issues instead, I noticed that they have ''Miscahracterized'' nearly all of the issues, and introduced, new dates and evidence, while ignoring all of the evidence that supports my appeals. They have recently sent me a SSOC, and SOC none of which mentions the 'Unadjudicated '' claim, directly.
I filed a claim for a tumor found attached to my pleura in January 1985 ( 3 months after my discharge). The VA sent me a letter in November 1985 stating, that my condition could not be classed as a disease or injury. Although I didn't know it a that time, the VA had specific requirements for rating pleural cavity injuries and other respiratory conditions. The RO never developed the claim. In 2006, the RO awarded my SC for COPD, secondary to the removal of the tumor, but made it retroactive to 2005. Are my original appeals valid?
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Read More Answered By: Jill Mitchell |
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