Roberto v. Ortiz v. Eric K. Shinseki

Anyone reading the first few paragraphs of the facts as found by the Board and laid out in the majority opinion is left with a clear understanding that (1) Mr. Ortiz timely inquired about his appeal to the Board, (2) the RO either never received his appeal or lost it, and informed Mr. Ortiz that he must file a VA Form 1-9, (3) a frustrated Mr. Ortiz replied to the RO that he had already filed an appeal form and he wanted his appeal processed and wanted benefits for his “nervous condition,” later characterized by the Secretary as bipolar disorder. It is also clear from the facts as found by…