Negotiating With Ro

[Tower_Rat]

Anyone out there know if its possible to negotiate with RO as far as withdrawing a claim to award another one at a hearing? The hearing officer wants me to withdraw a few claims and just have the main ones. Any ideas? The hearing is coming up quick and I don't want to withdraw any of them if they are going to deny the main ones. The review officer said they could just write in their opinion over the phone if I did.

Thank you

Tower Rat

[10thFO]

Your SO could do it for you. I don't suggest doing it unless you are going to get fully rated or paid on what they will give you. They called my SO, DAV, who didn't know I had filed the De Novo Review. The DAV acted on my behalf without contacting me about it, and told them to forget the increase in my other claims, which would have given me more backpay, and told them just to give the TDIU, and that I would be happy. If they are offering to give you something in order to cut something else out, I only suggest doing it if you really and truely need the money right now. I don't mean if you think you need the money. But that you truly need it.

It's a hard choice, but if they are offering you that deal, then your going to get good rating anyway, it's wether you end up with a year or two of backpay, or maybe that plus and few years at an increased rate on something they missed before. I figure I lost out on about 12-22K backpay, but at the time I got it, I still got 26K and I needed the money something fierce at that time. i was on the verge of foreclosure, and had already been repoed once and close a couple other of times. It's a personal choice, but if you can hang on you will get what you deserve. If you cant wait take the money. Just don't bitch about it later.

[jbasser]

Sounds like they are wanting to play lets make a deal. it is possible if you initiate it.

I would hold steadfast on your major issues and only budge on issues that are minor. I would not allow them to deny issues, If I know I am right, I will allow them to zero percent some issues if I get 100 percent P&T for other issues.

That way if an issue kills me at least it will be SC'd even at 0 percent.

Good Luck Tower Rat.

Edited November 2, 2007 by jbasser

[Pete53]

They even have a form for it. I would consider it if it speeded up the claim and was a benefit over all.

[Berta]

What form is that Pete?

"The hearing officer wants me to withdraw a few claims and just have the main ones"

This is not too usual- as the VA -when they have multiple issues - from one claimant- must make a decision on each issue or somehow resolve each issue.

I recently asked the VA to do something similiar.

I have 3 claims for direct SC death.

The oldest claim is the main claim with the most evidence.

The VA has focused on a weaker claim, filed over a year after the main claim so I drew them out on the fact that the Main AO claim should be decided and if the decision is a proper one- I can withdraw the 3 other issues (actually I said it would also make another claim I filed moot anyhow)- 4 issues would be resolved-leaving only my 2 CUE claims.

BUT- I think it is always best to get anything like this in hard copy- email or snail mail- as they can say one thing by phone and then do something else.

I am sure the HO would be willing to send you email confirmation of whatever you both discuss.