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

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MikeHunt

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I got a letter saying I'd withdrawn my claim due to months old documents that had nothing to do with withdrawing the claim.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'

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Silly me, I looked at ebenefits today. It's at 'prep for decision', meaning some VSR closed the last tracked item so it goes to a rater.

That i know of, they haven't asked for a VA exam (I've submitted an IMO/IME a year ago, and just another by the same clinician recently in anticipation of them saying the original was stale) so i don't think they can deny it without them getting an adverse exam.

Obviously, they can (and will) do anything, so it could come back for a VA exam, or I've seen them do an 'ACE' (physician records review only) to deny claims.

Been a long, long frustrating year- especially for one who has anxiety problems.

Wish me luck, I need it.

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