I Think Va Wants To Make A Deal? Hold It!

[Jayg]

_{^{Hi all.}}

_{^{I carry TVC, Texas Veterans Commission as my Veteran Service Organization. Jim Strickland calls them one of the better ones. I called them to check the status of my appeal which they told had received a grant with which I should be, not just "pleased, but "very pleased." So much so with what was granted, that I should want or be willing to drop certain parts of mt claim. From my perspective, the only thing that will do that for me is an increase to minimum of 70% and IU but I didn't say that to the guy. Anyway, its been the old waiting game again.}}

_{^{Being onn pins & needles, tenter hooks, take your pick, I called TVC today to check on the progress. (the 800 # doesn't even know a grant has been made) The fellow looks and says hold up. They, TVC, have my file. It was sent to them but he couldn't say why. My regular contact there (who was in hearing earlier) was going to lunch by then but said he wouldcall me afterwards... OHH--Kay!}}

_{^{It was much later but he actually did call back. They wanted a counselor to talk to me about accepting what they have approved while dropping the rest. If theyhave granted the IU, with at least 70% s/c, I will be fine with that.}}

_^B~U~T~!

_{^{I DO NOT want to lock myself out of anything I may need to pursue later. What I would like to know is what specific action, what wording, will leave me the option of reopening a condition, either named in my present claims or as something new, later on.}}

_{^{Help me CMA here,}}

_{^{pul-l-eeze!??}}

Edited October 16, 2009 by Jayg

[Commander Bob]

_{^{Hi all.}}

_{^{... I DO NOT want to lock myself out of anything I may need to pursue later. What I would like to know is what specific action, what wording, will leave me the option of reopening a condition, either named in my present claims or as something new, later on.}}

_^...

New evidence

[Commander Bob]

Best wishes Jayg. IMHO... IU is like a ball and chain, if you are young. Providing for a family and trying to be productive in society becomes a compromise. Even though you may never be able to work again, the risk of losing IU overshadows the risk of trying to go out there and live you life to the fullest. I hope you win, and you enjoy your retirement

footnote; Volunteering is fulfilling work, if you are IU.

Best wishes...

Edited October 20, 2009 by Commander Bob

[Berta]

VA is not supposed to make deals. And you don't have to drop any claim at all.

If they have enough evidence to award you TDIU- they should do that.Period. No deal. They can defer or deny any other claims and it is up to you to continue these other claims.

Say a vet gets TDIU award for PTSD but also has a vague claim pending for "heart problems"which might well have some basis in their SMRS (or maybe the vet is an AO vet and this is ischemic heart disease -which just went onto the AO list).

Say the vet drops the heart claim and takes the TDIU and then 12 months from now -after he/she does NOT file a NOD) ....he or she drops dead.

A spouse can "substitute" him/herself now on any pending claims (new reg) but this vet would not HAVE a pending claim-putting the spouse at day one in attempting to get DIC.

In this same example -Say the vet does not drop the heart claim and VA ultimately awards with a rating of 60% or more. The vet is eligible for SMC "S".

If the vet did not pursue the heart claim , they would get no SMC "S".

"I DO NOT want to lock myself out of anything I may need to pursue later. What I would like to know is what specific action, what wording, will leave me the option of reopening a condition, either named in my present claims or as something new, later on.

Help me CMA here,

pul-l-eeze!?? unsure.gif"

Remind the TVC that if the evidence awards you TDIU,(OR 70%-) you dont really know yet what they will award- that is what the award letter should state and they can defer or deny the other claims (with complete reasons and bases) and you will exercise your appellate rights immediately.

This is just my opinion-

I have never seen VA send a letter to a vet saying "you told us you would drop your claim for XXXX if we granted you a claim for YYYYY so we will not re-open your XXXXX claim."

They can't say that-because they aren't allowed to make deals.They Can suggest strongly that it could be beneficial to accept an award and drop a different claim that seems to have little or no good evidentiary basis.Even a vet rep can suggest doing that... if the other claims (s) seems to have no good bases.

Then again I won all my main claims -claims which many vet reps felt didn't have a chance.

It is up to you but it is solely the evidence that determines an award. Not any deal.

[broncovet]

I think you are ok to take whatever deal they offer you and here is why. In a nutshell, your risks of this going bad are not that high, while you should get almost an immediate reward. I like those kinds of odds. Mind you I am not an attorney, so if you know one, by all means take his advice over mine. This is the way I see it.

Lets say the VA offers you IU and you agree to drop, say sleep apnea..just as examples. For a minute, lets just consider the "downside risk" part, which, of course, may never happen.

A few years later, you feel better enough to go to work, and you do so, but you still have OSA that could be worth 50%. So, predictably the VA drops your IU, and you wind up with, say, 60%, and you feel that is not enough. The drop in IU goes through as your protests are unsuccessful.

Remember that VA inefficiency can work FOR you sometimes, as well as it has worked against you in the past.

Now you want to get OSA started again because 1) you think you deserve it and 2) you need it.

So, you reapply for OSA that you agreed to drop 3 years ago.

VA says, no way you dropped it 3 years ago.

Remember this: The VA will use the regulations against you, as a weapon to reduce your benefits. This is a given. But, you ALSO have the regulations, as a weapon against them! They have their "weaseling" out of giving you your due, but you, have a resource at your disposal that they dont have. You see, you can review your claim, over and over, and over..and become an expert in your claim, especially with hadit members help. There is no way that any rating specialist is going to know as much about your claim as you do, if you are diligent about reading and rereading what the VA has sent you in things like your decisions, IRIS emails, VCAA letters etc. Armed with this claim knowledge, then you can get guidance here on hadit as the best course to take. With persistance, the Veteran is "at least as likely as not" to win, IMHO, because remember, you need only convince ANY ONE of these people to get your benefits: 1. Rating Speciaist 2. DRO Review Officer 3 BVA judge 4 CAVC judge 5. Federal court judge. If any one of these decide in your favor you win. For the VA to win, they have to win all 5 decisions, if you just keep on trying. You need only win 1 out of 5, or 20% and you win. I think there is an excellent chance you can beat VA employees, as they are usually overworked and frankly many of them dont even care if you win. Some of them actually WANT the Veteran to win benefits he is entitled to. IN summary, I recommend taking the deal, but keeping documents of everything just in case you need it in the future.

[broncovet]

Yes, its as Berta says. If you take the deal and it does not work out, then tell the appeal judge you dropped your claim because the VA offered you a deal. You see, the deal they are offering you is illegal, so use this to your advantage. This is why there is very little risk to you to accepting the deal. If you turn it down, I can almost guarntee the VA will put you on the hampster wheel of deny,delay, appeal, deny delay, appeal. Dont volunteer to jump on the hampster wheel.

[broncovet]

Remember: Take the name, date, time of call and all details of person(s) who offer you a deal. Put this in your file and it is your ace in the hole that you can use later if the VA screws you over again. Even tho this person probably wont be there in several years when you need it, you still have your evidence.

Then, to CYA, save your phone bill/record of said phone call "deal", and write everything down at the time, so you dont forget details later.

Edited October 16, 2009 by broncovet