Withdrawal Of Claim & Reinstatement Of Same Claim

[Bound4heaven]

Greetings to all,

I am helping yet another vet. This is his situation. He filed for AA in August 2006 and increase for bi-lateral shoulder condition at the same time. This veteran in Jan of 07 withdrew these claims when he found out vets could have attorneys. It did not understand this issue correctly and withdrew them.

He has leters from his doctors stating he qualified for AA. He is currently rated at 100% T&P not IU. He went to 2 C&P exams for his shoulderrs to 2 neurolgists. I saw the C&P reports and they were highly favorable to him.

He received a letter from the VARO stating they receives his request for withdraw and gave him until April 14, 2007 to reinstste his claims.

This date has come and gone and now he wants to reinstste these claims. He does have new and meterial edivence. How should we do this, and what will the VARO do?

Will they allow him to reinstate his claims because of the new edivence?, or will they say sorry charlie you lost your nack date and we start the back date when they receive the new request to reinstste?

I have never delt with anything like this. Amy advice would be a blessing to me. Thank you all and God bless.

Bound4Heaven

[Pete53]

I don't think he can get around this one but you may try asking for a Hearing to see if it can be reinstated?

[Chuck75]

A guess is that the VA will want to treat things as a new claim, since the claim was withdrawn, and the short term grace period expired. On the other hand, the one year period from Aug 06 has not expired, so there is a good chance that the Aug 06 date can be maintained. It might be argued that there are conflicting provisions in the regs, and in such cases, the veteran is supposedly given favorable treatment.

Greetings to all,

I am helping yet another vet. This is his situation. He filed for AA in August 2006 and increase for bi-lateral shoulder condition at the same time. This veteran in Jan of 07 withdrew these claims when he found out vets could have attorneys. It did not understand this issue correctly and withdrew them.

He has leters from his doctors stating he qualified for AA. He is currently rated at 100% T&P not IU. He went to 2 C&P exams for his shoulderrs to 2 neurolgists. I saw the C&P reports and they were highly favorable to him.

He received a letter from the VARO stating they receives his request for withdraw and gave him until April 14, 2007 to reinstste his claims.

This date has come and gone and now he wants to reinstste these claims. He does have new and meterial edivence. How should we do this, and what will the VARO do?

Will they allow him to reinstate his claims because of the new edivence?, or will they say sorry charlie you lost your nack date and we start the back date when they receive the new request to reinstste?

I have never delt with anything like this. Amy advice would be a blessing to me. Thank you all and God bless.

Bound4Heaven