Legal Question in Veterans Law in California

re clear and unmistakable

this in regards to my previous question. I file a claim in 1970 soon after I returned from Vietnam. The claim was subsqently denied on the ground that hearing loss wasn't service connected. In 2003 change of VA policy allow for my claim to be reopened even though I had not file an appeal of the 1970 claim within the perscribed one year time limit. Let me add that I failed to file an appeal on the advice of my American Legion service rep. In addtion the hearing test adminstered at Fort Lewis Washington as part of my return from Vietnam physical was bogus as hell. Approximately forty of us took the test at the same time. All failed. The guy administering the test informed that if we wanted to go home we had to first pass to test. With the aid of his cues, we all passed on the second go around

Asked on 7/22/08, 4:03 pm

1 Answer from Attorneys

Jill Mitchell-Thein Heard & Smith, LLP

Re: re clear and unmistakable

Typical of the stories I have heard. I think you are stuck. But that's just one lawyer's opinion without seeing your entire file. Good luck. Email me if you have any further questions at [email protected]

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Answered on 7/22/08, 5:36 pm

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