you've already heard more than you ever wanted to know about apple of motorola words actually more than a singleton and charles which are relevant to our discussion today at the department veterans affairs privates or zone or property without due process of law when it failed to notify him of his right to appeal  but he didn't and you would get an appeal you get an appeal to the court of veterans claims after the board made of an incorrect finding you can appeal the finding to the veterans court you just can't believe so under under seventy two ninety two i think that your church is clear and you get to do facts are the ones we have appeal that finding that's made by the board to the court of veterans claims he isn't isn't it that the process he's due there for due process not enough court and they found that he had abandoned his claim or were get the right to due process because he even even the decision in the determination of abandonment of someone the right to notice of appeal he never received notice of his right to appeal in other words on the situation for the time of it and comes back to the v a and shows up to a waiting room filled with veterans with memes he's got a hundred percent p t s d and he believes he's not able to stay there he leads and so the question is if he doesn't go to case show that we need to file this claim thirty years later again they denied that and then when he received that great decision he filed an appeal and when he received a denial the not explained what was missing what evidence was needed and that he was able to correct that to provide necessary evidence nor to be granted service connection so this and i was very important not because what if he didn't show up he didn't happen to every nation but that's not important because it allows him the process of finding out what goes back thirty years is that it does your honor we have medical and it's medical evidence that are in the record that indicate that mr bennett the current examination it's not a nine hundred seventy examination it's a medical opinion based on the evidence was entitle to receive benefits or at least have a possibility receiving benefits all the way back the time that he found additional evidence for a psych disability and the only way he can do that is with medical evidence like a retrospective medical  those he comes back over a year he doesn't have to contend with new material evidence rules and three point one five six prior to that if you want to waive the kind of five congress so there are clear benefits to him in the sense dave doesn't have to go through the rules of trying to disrupt the penality that would be associated with an educated decision that would contain the appeal write another word or think of this point up to the pros what would he what would he appeal to a higher level inform us of your willingness to report for examination all you have to do is come back and say yes i'm going to participate in the things development process by participating in the examination of the claims and reinvigorated and it can be and is reconsidered by continued a relationship with v a for educational benefits for the next fifteen years so he was able to deal with the v a applying on this one issue to education but for whatever reason decided to didn't and that i'm going to deal with the v a say we can't go any further on your things if you haven't agreed to participate in the process but if you do come in and agree we'll process your claim and give you a decision he didn't need any more notice there's no reason for a talent right at that point