Compromise With Varo

[Ricky]

Just a general question. Sometimes a DRO will speak with a SO on a multi-issue claim and ask what will satisfy the appeal.

(EXAMPLE) Now if a veteran does not have a SO, would it be appropriate for the veteran to submit a statement and tell the DRO that approval of, for example issue one and three would satisfy the claim and all other 6 issues would be withdrawn if issues 1 and 3 were awarded ?

I have a veteran who has 10 issues on appeal. Two of them, which I am sure he will win at the BVA based upon his medical evidence, will result in an award of 100 percent. The other 8 issues are valid and will probably succeed, however, they are small non life threating issues which will result in 0 and 10 percent awards.

Thanks for the input.

[timetowinarace]

Before my last decision the VA had gotten a letter from my Senator that outlined my symptoms. I had contacted him mainly to expidite for hardship after a few years of no results. The VA used this as informal claims for all of those conditions.

My initial claim was ready to rate but the rater called me. Because all those informal claims were related to the origanal claim he could not rate untill they were all worked-UNLESS, I did not intend them as claims. He informed me that he was going to rate me at 100% without the additional claims. I had to send written notice that I had not intended to file all the issues as seperate claims. We also agreed verbally that the SC condition I had before of undiagnosed fatigue would be considered as now diagnosed and part of the new award. Thus I would be losing that previous award. I did not get notice of intent on the reduction because of the verbal agreement. It was all a done deal.

I agree that what is proposed can be done. Just that I would be carefull. Just because we think it will be a 100% award doesn't mean it will be. You could end up withdrawing claims and get a unpleasant surprize.

Basically, I'm saying, if you wouldn't withdraw any claims without an agreement from the DRO, it's probably not a good idea to withdraw them at all. (hey, those are the words I've been looking for-wooohooo! funny how my mind works )

Time

[Berta]

Time -I do agree with your excellent points and one should always be cautious when dealing with the VA-

In my case-had I received a legal VCAA letter advising me to get an IMO in 2003 (which is normal SOP for many widows in their VCAA letters) I would not even have considered filing 2 other claims-for direct SC death.An proper election notice-which I never received- also would have resolved my main claim sooner.

Then again I saw evidence in 2003 and 2004 in my claims files that I had overlooked in the past.

Ironically when I responded to the VA on Sept 10th-I had not sent my POA a copy of my response until OCt 2nd-

I am college student and was running out of ink and paper and figured they dont read my responses anyhow and they lost the NOD I sent them in June on my 2 CUE claims so I didnt send them a copy until early October.

They had not time at all to access my c file and revoked my POA as soon as they received my response to the RO that included a real election form which I signed and copied and mailed in.

(their revocation was illegal under 38 USC 20.608.)

My claim has had movement with the DRO for the last three weeks and moved 7 times since the RO got this election response and the other stuff.

I am better off without this POA and filed a formal complaint on them with the GC.

I only hope the DRO contacts me directly- but then again I hesitate to want phone calls as they leave no hard copy.They have my email addy too.

They do have to resolve all issues- and I think you handled this very well-

I think Rocky has the right idea too- but you are right- to be cautious in these situations.

MY POA tried to make me believe two false points for years and they could not have handled my response to this VCAA letter at all anyhow.

Probably the reason they dumped is that their attempt to continuously deceive me on two issues all hit the fan in my response to the first real VCAA letter I ever got- since 2003.