be expanded in the second filed notice of this agreement which is made outside of the statutory one year time frame other words we have a timely notice of disagreement and we have an untimely notice of this agreement five to be that nothing within the plain language of that statute precludes what occurred in this case which is merely an expansion of a timely filed notice of disagreement to include an additional issue that was not apply to the notice of disagreement but the function of the notice of disagreement is only to put the government on notice but the v a on notice that there is an intention to potentially appeal a decision the language of the regulation pertains to the identification of issues when the appeal is completed with the substantive appeal and therefore that does not apply in this context but only applies somehow out of time because what was a den of five in the second filing was not identified in the first the question here is what is the function of that information for the government the function of that information is so the government can prepare a statement of a case the statement of the case under the facts of this case and unfortunately it has been the circumstance for some time was trying to nine months after the filing of the notice of disagreement so there was no prejudice to the v a in not knowing between filing one and filing two of the specific information but on any system look at whether there's prejudice i mean we've got a regulation with very clear of language in it and i understand your point i truly do but it says specifically it defines what the notice of disagreement s and it says if there's a current to identify that cannot be extended beyond the one year that regulation does not say must be fought that must be identified in that one new year period it simply says that you have to identify with some degree of specificity which determination so in filing one there was that specificity and in filing two in this case there was the specificity the question here is whether or not the what the state of the cases issued in for the hard right in response to the notice of disagreement that's correct your honor and the point being that in this case the da was on notice in more than ample time to before the statement of the case is essential before this day was the case on in my case on the way yes so i'm trying to do is to figure out you know when to measure progress however we like to know how many hundred thousand cases are backed the determination on the ratings action that was taken that's what seventy one of the five b is about you have one year to file the notice of disagreement on that rating decision that was made by the the government that the notice was provided at a date beyond the one year on the sec you obviously don't understand why i'm looking at prejudice to the government i think i'm supposed to just be interpreting the regulation quite clear the regulation or the statute it is a question of whether or not there is any prohibition that exists in the statute the regulation does not speak to the time limit the regulation merely within one year but because mr conway has notice of disagreements and not include the second issue of appeal and that as you know was never initiated within the one year well what what what he's viewing this system as though the one year were like a statute of well again that these the semen of the case process and includes all of that a review of the information that's already in the file a new information provided by the better and potentially a new medical examination and you know again to allow that or n c o to bring a new how common of a problem this is i think a need for example and now addressing this to a notice of appeal to this court most of the time you'll see that parties will just appeal the entire case in leader and appeal the actual rating decision and i don't know printer i'm not sure that this problem is remedied by the new form or that it really creates the circumstance that you are addressed i was certain of the form really got us out of the suit actually and it does but you still have to use the form and there is a sanction if you don't use the for it you can stay general and just say i generally appeal well each of these the term a but you have to identify each determination without specifying what it is about that your disagree with there is a box to fill in if you wish to disagree with it however the process and concerns that are expressed by the government really have been ended by congress in the new appeal legislation that goes into effect in february of next year because appeals will only be initiated by a notice of disagreement in which you must specify in the notice of disagreement those issues but the difference is that the regional office is no longer in the process those notices of disagreement will be filed regularly with the board so the board is now the appellate body and the regional office problems of necessity i really have no further questions unless the court or excuse me further argument lets the court as for the question thank you very much i thank you