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big boy

VA quetion

Question

What if the Va stated that you wrote a statement saying  wanted to remove your mental health claim, but you did not, and later they call you and say they made a mistake on your first C&P, so they send you for another one but will not make a decision on it because they say your claim is up for he board of appeals to have an audio hearing, and the judge will deal with it then. someone else with prior knowledge tells you that the judge will not make a decision on that particular claim because there is no statement of these for it. So I am asking if anyone knows what measure can I take because they are lying?? 

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You have to fight the VA when they lie.  You simply can not trust them.  

Your appeal is "probably not" really withdrawn.  Why?  Well read this:

http://thomasandrewslaw.blogspot.com/2018/06/acree-withdrawing-appeal-and-impact-of.html

In part:

Quote
By requiring that an effective verbal claim withdrawal must be explicit, unambiguous, and undertaken with a full understanding of its consequences, the DeLisio standard provides a bulwark against the inadvertent or uninformed forfeiture of a veteran’s rights.
***
As they traverse the “labyrinthine corridors of the veterans’ adjudicatory system,” veterans may lack a complete understanding of the consequences of claim withdrawal.
***
The need to ensure that a veteran understands the consequences of claim withdrawal is particularly acute when, as here, he suffers from psychiatric illness and appears pro se before the board.

So, was your withdrawal "explicit"  "unambigouous", and undertaken with a full understanding of the consequences?  

I doubt that.  In short, fight them and appeal.  I have the same thing, but it probably wont matter in my case.  

In my case, I withdrew my claim via email.  However, that is probably good, because my attorney could argue that my withdrawal did not meet the "Delusio" standard.  

Edited by broncovet

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I think you need a VSO or vet rep and also a copy of your C file.

And you can go to www.va.gov, click on the Contact Us Button, then click on Ask a question, (you will be directed to IRIS),fill out the form and then state your problem as you did here.Ask for a email response.

Do you have any document from VA stating any of the above , that you can scan and attach here?

Cover your C file #, name, prior to scanning it.

Just a side bar- Folks I have over 20 years of VA stuff due to my husband's service. Most of it is in plactic totes and in a safe place in my barn.

I try to keep everything in tabbed folders, such as SSA awards, DD214/215, Marriage license, birth certs, et etc etc etc. And divided his stack of medical records by year , into larger folders.

I have documents that are well over 20 years old that were probative to my claims.and still are-

I easily found the documented info I needed for my next CUE and am taking my time to word that properly.

I am not saying you might be unorganized big boy- but you should have some paperwork from VA that says what you said here-and we need to see it-

Will VA Lie? Of course they will- they lied on just about every SOC SSOC  I ever got!

But documentation  and proof can overcome lies.

because they say your claim is up for he board of appeals to have an audio hearing, and the judge will deal with it then"

That means to me you have a denial letter , and need to be prepared for the audio hearing.

Can you scan and attach their denial as to the Evidence list and Reasons they gave for the denial?

Cover C file # and name prior to scanning it.

 

 

 

 

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