Home → Veterans Guide to VA Claim Filing → Obtaining a Decision → Obtaining a Decision
2.1. Obtaining a Decision
A claim for benefits, whether formal or informal, remains pending until it is finally adjudicated ("rated"). Ingram v. Nicholson, 21 Vet. App. 232 (2007); 38 C.F.R. § 3.160(c); see John Fussell & Jonathan Hager, The Evolution of the Pending Claim Doctrine, 2 VETERANS L. REV. 145, 164-69 (2010). A "pending claim" is "[a]n application, formal or informal, which has not been finally adjudicated." 38 C.F.R. § 3.160(c). "Consistent with this regulation . . . [the] Court has held that a claim remains pending even for years if the Secretary fails to act on a claim before him." Ingram, 21 Vet. App. at 240.
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