What recourse do you have when VA 'Throws Out' your claim, and says you have no appeal right?

[MikeHunt]

I got a letter saying I'd withdrawn my claim due to months old documents that had nothing to do with withdrawing the claim. Included was a 526 so I could reapply!! No rights to appeal.

Scary. (A cong did get it reinstated, but ramifications are frightening)

I think they were purposely trying to get it on the CUE forever, deny your effective date path- But just a guess.

My question is, what happens if the VA just throws out your claim on pretext, lets say the absurd; because they saw a black cat, doubles down, then triples down? Can Veterans use the court to compel due process rights?

After being reinstated, they've put the claim on forget- Completion date is two years out. They've again, thrown out the claim.

Everything is there for rating. Everything. But that's not really the point-

Do Veterans have access to courts to enforce Due Process rights?

'We've thrown out your claim, reviewed ourselves, and found we're right'

[Buck52]

Mike

you need to call them ASAP...& Appeal it or make sure  your claim is still in the Appeals line.( Hire a experienced VA Attorney.)

I read something about the VA to  destroy about 30.000 old claims that were setting for years Idel and I guess the veterans had died or the claim was closed out.?..I cant remember what it was but  Member Gastone sent me an e mail about it.

 it was suppose to speed up the claims process to clear out the old lying dead claims  so to speak. so the VSR could get to claims that needed to be Adjudicated.

Edited March 26, 2017 by Buck52

[Gastone]

Mike, what exactly does "Thrown Out" mean, Denied, Remanded what? Were you on a DRO or BVA Appeal?

 Did you indicate that your Congressman got your Claim reinstated?

[MikeHunt]

It's reinstated. Blew off the POA, but not the cong aid who sent it thru VA central office.

If the VA blatantly refuses to do something, can you compel them?

Is the writ of mandamus approps?

[MikeHunt]

Guessing the answer is: You have no rights if they say you don't.

[broncovet]

You can file a writ, but that is always the last resort.  Try these things first:

1.  Contact your VSO.  If you dont have one, send an IRIS email, or a letter to VA intake center.  You can also try calling the RO.

2.  If no response from your VSO, IRIS, or VARO, then move forward, beginning by writing a letter, "intent to file a writ".

3.  Try everything else, including emailing the new VASEC.

4.  One good idea:  Re apply.  When you get your benefits, then fight for an earlier effective date.  At least this way they will be working on your claim.  You will have to have a paper trail proving you applied.  Did you send it certifed mail return recept requested?  You will need that to rebut VA's presumption of regularity.  

5.  Consider contacting VAOIG, explaining your benefit application was mishandled (shredded).  Ask for an investigation, remembering, VA WILL retaliate so have all your i's dotted and T's crossed.  

6.  Contact President Trump, he is supposed to have a VA hotline.  

7.  File a writ if none of the above works.  

[Buck52]

I'd treat it as a denial & Send in an NOD, as the VA stated ''thrown out'' in my understanding I'd treat that as a denial of my claim  because ''Thrown Out'' would be meant as  a denial decision from the board of veterans appeals  review  at the local  VA office.

According to the VA, an appeal is “a request for the Board of Veterans’ Appeals to review a local VA office decision on your claim.”