How Veterans can get new hearing on Denied Claims without using VA Claims Process

by Terry Richards

Appeals Court Rules in Favor of Veteran to get new claims hearing without using VA Claims Process

The district court ruled that 38 U.S.C. Sec. 211(a) “bars a court from hearing and reviewing an action challenging a decision of the V.A., even when a plaintiff alleges that the decision violates his constitutional rights.” Marozsan v. United States, 635 F.Supp. 578, 580 (N.D.Ill.1986). Because Marozsan challenges the constitutionality of the procedures used by the Administrator, and because we do not read Sec. 211(a) to preclude a federal court from hearing this challenge, we reverse and remand for further proceedings consistent with this opinion.

You will have to file a Cause of Action in Federal Court claiming that you feel your Constitutional Rights to “due process” were violated in order to bypass having to file under for a new hearing using the normal drawn-out VA Claims System. But as you will read, it can be done, as the 7th Circuit Court of Appeals cleared the way many years ago. It would be wise to retain an Attorney litigate this matter in Federal Court for you rather than do it yourself. Some Attorneys may take your case in return for 20%-25% ( as established by law) of any retroactive payments you receive from a new hearing where you are granted an increase in service-connected disability compensation.