r/VeteransBenefits

Received Decision Letter....Missing Claimed Items

You are likely experiencing a "clear and unmistakable error" (CUE) in the VA's duty to assist and adjudicate all reasonably raised claims, as they have failed to issue a decision on two formally claimed items, which constitutes a procedural violation that requires correction. Under 38 CFR 3.103(a), the VA must provide a decision on all claims properly before it, and a failure to address a claimed condition is considered a denial under 38 CFR 3.105(a), which you have the right to appeal. Your immediate actionable step is to file a **Notice of Disagreement (NOD)** on a **VA Form 21-0958** within one year of the decision letter's date, specifically contesting the VA's failure to adjudicate the two missing claims; cite the omission as a failure in the duty to assist under 38 U.S.C. ยง 5103A and request a De Novo review. Concurrently, prepare a **Request for Correction of an Error (under 38 CFR 3.105(a))** addressed to the VA Regional Office that issued the letter, detailing the specific claims (list the conditions and the dates/forms you used to submit them) that were omitted, and reference relevant case law like *Dingess v. Nicholson*, which holds that the VA must consider all evidence and claims of record. Do not file a new claim, as this could jeopardize your original effective dates. **Disclaimer: This is educational information for claims assistance and not official legal or medical advice; for personalized guidance, consult an accredited VA attorney or agent.**

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).