context: The letter sent to AG merely stated that there was no record of a previous NOD and that the appeal period for the 1983 decision had expired; it also provided instructions for AG to reopen his claim. The statute, however, states that the VA must provide to a claimant notice of any decision affecting the provision of benefits to a claimant, and that "[t]he notice shall include an explanation of the procedure for obtaining review of the decision." 38 U.S.C. SS 5104(a). The right to notice was also promulgated in the VA's governing regulations. 38 C.F.R. SS 3.103(b). According to the rule set out by the Veterans Court, the consequence of a failure to notify in accordance with the regulation renders the RO's determination non-final.
citation_a.signal: no signal
citation_a.identifier: 10 Vet.App. 325, 325
citation_a.parenthetical: failure to notify claimant that he was denied service connection for a particular condition constituted a procedural error under 38 C.F.R. SSSS 3.103(e
citation_a.sentence: Best v. Brown, 10 Vet.App. at 325 (failure to notify claimant that he was denied service connection for a particular condition constituted a procedural error under 38 C.F.R. §§ 3.103(e) and 3.104(a), rendered the RO’s decision not final, and deprived the Veterans Court of jurisdiction over the claim); see also Juarez v. Peake, 21 Vet.App. 537, 543 (2008) (finding that RO decision was final where it “provided notice that compensation ... was being denied and gave [appellant] the opportunity to appeal and present any and all arguments of error, including the argument that its determination on the finality of [an earlier] RO decision was flawed”).
citation_b.signal: see also
citation_b.identifier: 21 Vet.App. 537, 543
citation_b.parenthetical: finding that RO decision was final where it "provided notice that compensation ... was being denied and gave [appellant] the opportunity to appeal and present any and all arguments of error, including the argument that its determination on the finality of [an earlier] RO decision was flawed"
citation_b.sentence: Best v. Brown, 10 Vet.App. at 325 (failure to notify claimant that he was denied service connection for a particular condition constituted a procedural error under 38 C.F.R. §§ 3.103(e) and 3.104(a), rendered the RO’s decision not final, and deprived the Veterans Court of jurisdiction over the claim); see also Juarez v. Peake, 21 Vet.App. 537, 543 (2008) (finding that RO decision was final where it “provided notice that compensation ... was being denied and gave [appellant] the opportunity to appeal and present any and all arguments of error, including the argument that its determination on the finality of [an earlier] RO decision was flawed”).