ptsd claim denied

[babyduck16r]

If you file a claim for ptsd and claim get denied.I know that if you don,t appeal in one year it become final,but if va don,t send a va form 9 or a form 4107 telling you what steps you need to take.

QUESTION: ARE you still held reliable,OR is VA? Could this be CUE?
babyduck

[TinCanMan]

I believe a CUE only applies to a BVA decision and then only wrt an error in law which would result in a favorable decision had it been followed. Read the BVA Pamplet. Page 28 describes this. In any event, I doubt failure to provide a veteran with a form 9 is required when a claim is rejected. They did inform me that I had 1 year to appeal but never provided any form. FWIW, the form isn't required to start the appeal process. A simple letter disagreeing with the decision will do. I believe they will then send you a SOC and a form 9. I'll do some research tomorrow when I get some slack time.

Oh yeah... I haven't been reliable in years

[babyduck16r]

Thanks
tincan for response,just came out of bunker,been hiding from Ivan.

Had one small tree to fall on house,not much damage though.getting ready to start cleaning yard again,just finish cleaning from francis last week.
Babyduck

[stumpy]

Babyduck, glad to hear you survived Ivan.

[TinCanMan]

BD:

Spoke with a VSR at my local VARO. I described your scenario and this was his response:

"A notification/cover letter is attached to every rating decision promulgated by the VA. Attached to the cover letter is VA form 4107, which desribes, in detail, a veteran's right to appeal and the necessary timeframe. The notification letter also provides instructions in the body of the letter on what to do if a disagreement arises.

If the date of the notification letter is less than 12 months old, the decision may still be appealed. If more that one year has elapsed, the veteran may reopen his/her claim provided they submit new and material evidence not previously considered in the original decision.

If VA Form 4107 was not referenced or attached to the notification letter, an exception may be found under an Administrative Decision which would extend the appeal period. If the letter provided the necessary text with an attachment (Form 4107) referenced at the end of the letter, it is highly unlikely that the argument "the VA didn't send it to me" would prevail. The BVA has affirmed a concept referred to as the "presumption of normalcy." Simply put, this means that, barring evidence to the contrary, the VA does not need to "prove" they followed normal operating procedures. The BVA has also affirmed that the one year time-frame for appealing decisions is firm.

The most effective approach is to examine the date and text of the notification letter. If an omission did, indeed, occur, the veteran or his representative should provide the VA with a copy of the letter and a written request for correction. Due to the nature of the potential dispute, this request cannot be made verbally or through e-mail."

In essence, I was told this situation would involve appeal rights and/or an administrative error but it would be unlikely to rise to the level of CUE.