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I got a letter saying I'd withdrawn my claim due to months old documents that had nothing to do with withdrawing the claim.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

If the VA Says you don't have any Appeals Rights..I'd hire a good experience VA LAW ATTORNEY. AND ASK WHAT CAN BE DONE ABOUT THIS?

 CAN YOU FILE ANY TYPE OF CLAIM FOR UNJUST DUE PROCESS.?

Based of the statement of what the VA Mention in a letter stating you don't have any appeal rights'' or

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

That needs to be on a VA Letter head.

If this is actually what the VA Mention? and not just a scenario?

[MikeHunt]

Thanks.

How does one file a writ? Would a lawyer even know?

[Buck52]

Mike I'd think twice  before  applying the ''Writ of Mandamus'' they are very complicated.

if you continue , I highly recommend a good experience Attorney.

Try other means first  like Writing the VA Secretary  keep it short and to the point.

[MikeHunt]

On 4/6/2017 at 6:58 PM, Buck52 said:

Try other means first  like Writing the VA Secretary  keep it short and to the point.

WILCO.

This is like hitting a softball, and it goes wildly foul, heading right for someone's picture window. It hasn't hit the picture window, but everyone knows it's going to ...

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. 

 

This is about where it's at- The VA will retaliate regardless if you have all your i's dotted and T's crossed.

[Buck52]

Mike you might try CUE un -adjudicated claim?  unless this they say this is ''pending claim''?

check out this link  and read page 7

https://www.bva.va.gov/docs/VLR_VOL2/Copy5--JohnFussellandJonathanHager.pdf

[MikeHunt]

The claim was reinstated after a cong inquiry.

Thanks for your thoughtful reply.

The claim is now reinstated, but they just put it on 'forget'.

There's another cong inquiry into why they won't rate it, but they'll just blow the cong aide off, as is their custom.

I'm going to wait for the cong letter, then start calling, emailing and writing everyone you suggested and I can think of- I think it's worth the risk.

The issue isn't the reason de jour they're using to delay the claim, it's more at what Bronco identified: retaliation. They'll just pop up another delay aft the latest one is cleared.

and so on.

Thanks again for all the advice on who to contact to make the VA do it's job.