What Is The Best Way To Withdraw My Claims?

[blanco63]

Hello members, Thank you for your responses to my last 2 posts about my claims and bad c and p exams with the same P.A. If you have not read them, please do if you choose to so you know more about what i am talking here. Anyway, I am going nuts and can't take anymore worrying so I have decided to withdraw my claims before the varo makes a decision. Why wait? I cannot get anything but I may get a reduction or my service conn taken away so I want to nip this in the bud because I cannot and do not want to deal with appeals. I know that a lot of people say not to worry about it and that the va will not reduce/sever sc but why should I wait if there is nothing to gain? Then I won't have to worry until after oct 2011 when I have my 2 year c and p possibly with a real doctor. So please tell me that I can still withdraw my claims and the best way to do it. My c and p was 12/29/09. I was planning to send an iris, and fax/mail certified return receipt a 21-4138 statement saying I want to withdraw all claims, short and simple. Does this sound ok? How will I know that the va has withdrawn them? Should I call the ro and send an iris in a week or so? Will they eventually send me a letter stating what they did? Please help, this is all new to me. Thank you all in advance.

[Philip Rogers]

You can just send them a letter withdrawing your claim(s).

pr

Hello members, Thank you for your responses to my last 2 posts about my claims and bad c and p exams with the same P.A. If you have not read them, please do if you choose to so you know more about what i am talking here. Anyway, I am going nuts and can't take anymore worrying so I have decided to withdraw my claims before the varo makes a decision. Why wait? I cannot get anything but I may get a reduction or my service conn taken away so I want to nip this in the bud because I cannot and do not want to deal with appeals. I know that a lot of people say not to worry about it and that the va will not reduce/sever sc but why should I wait if there is nothing to gain? Then I won't have to worry until after oct 2011 when I have my 2 year c and p possibly with a real doctor. So please tell me that I can still withdraw my claims and the best way to do it. My c and p was 12/29/09. I was planning to send an iris, and fax/mail certified return receipt a 21-4138 statement saying I want to withdraw all claims, short and simple. Does this sound ok? How will I know that the va has withdrawn them? Should I call the ro and send an iris in a week or so? Will they eventually send me a letter stating what they did? Please help, this is all new to me. Thank you all in advance.

[blanco63]

Hello Philip, Thank you. I tried to withdraw on 12/7/09 with a letter on a form 21-4138 and on 12/14 a varo rater called and talked me into continuing my claims that I may get something. If you saw that c and p from that P.A., you would fall over. The only something that I may get is a reduction. So this time i am withdrawing in 3 ways so I am taken seriously. Do you think I should also add that I tried before but it was not honored or just keep it simple as I said? so after the va receives the withdrawal, will they send me something acknowledging it and will my 50% continue until at least that exam in oct 2011? Thank you very much!

[Wings]

Hello Philip, Thank you. I tried to withdraw on 12/7/09 with a letter on a form 21-4138 and on 12/14 a varo rater called and talked me into continuing my claims that I may get something. If you saw that c and p from that P.A., you would fall over. The only something that I may get is a reduction. So this time i am withdrawing in 3 ways so I am taken seriously. Do you think I should also add that I tried before but it was not honored or just keep it simple as I said? so after the va receives the withdrawal, will they send me something acknowledging it and will my 50% continue until at least that exam in oct 2011? Thank you very much!

x

x

x

It's your claim, you can do what you want. But IMO, withdrawing your claim might work against you. First, by withdrawing your claim(s), you are not going to make the adverse C&P or VA Exam disappear; it's there on record, and if the VA wants to try to use this exam against your claim(s), it will (now or later). Secondly, you are in this racket for the long-haul. The only way to counter adverse opinions or exams is with more favorable exams --which you have already done, and it's on record. Third, the VA can not propose to reduce or severe your service-connection based on one exam alone, by law, the VA must weigh all of the evidence of record, and in your case, your service-connected migraines were supported by the evidence and the regulations.

You filed additional claims, and now you have panicked because you think the VA will not only deny your additional claims, but also propose to severe or reduce your sc migraines. I understand panic: everytime I call or write the VA I am afraid of the consequences ... but that is just my emotions sabotaging my best interests. It is in my best interest to believe in myself, and in my claims --and stay in the fight for the long haul.

Again, I support your decisions, either way --but felt I wanted to add a comment. All the best, ~Wings

[jerrbilly]

If you have already had your C&P exam they will still review it even if you withdraw your claim. I doesn't make a hill of beans if you withdraw now. The C&P doesn't go away and they will still review it.

By withdrawing your claim your basically telling the VA that you don't want an increase but they will still review your C&P anyway and possibly decrease.

Jerr

Hello Philip, Thank you. I tried to withdraw on 12/7/09 with a letter on a form 21-4138 and on 12/14 a varo rater called and talked me into continuing my claims that I may get something. If you saw that c and p from that P.A., you would fall over. The only something that I may get is a reduction. So this time i am withdrawing in 3 ways so I am taken seriously. Do you think I should also add that I tried before but it was not honored or just keep it simple as I said? so after the va receives the withdrawal, will they send me something acknowledging it and will my 50% continue until at least that exam in oct 2011? Thank you very much!

Edited January 11, 2010 by jerrbilly

[blanco63]

Wow, so a physician's assistant can destroy a veteran's future and livelihood. If you saw my c and p with the doctor in june and the other in dec with the P.A., you would believe that they are talking about two different patients and looking at two different military records. As i said, everytime i had a c and p with this p.a., I was denied but this time there is nothing to deny but my standard of living. So I could possibly get a reduction in the mail very soon or what? How do they go about reducing/severing you and then what would I do? Should i call the rater now and let her know that I have a copy of this new c and p and tell her to look at the last one by the doctor collaborating my private doctor's letters? await the possible negative decision and get my new IMO ready? Please help. I am going insane. I hate this. I have never felt this bad. Thank you everybody.

[carlie]

So I could possibly get a reduction in the mail very soon or what? How do they go about reducing/severing you and then what would I do?

blanco,

First VA must notify the claimant of a proposal to reduce.

You respond with a disagreement and request a personal hearing

on the issue of reduction

and request VA does not implement any reduction prior to a post hearing decision.

Should i call the rater now and let her know that I have a copy of this new c and p and tell her to look at the last one by the doctor collaborating my private doctor's letters?

blanco,

First of all I would be quite surprised if you can actually call

and speak to the rater on the phone.

But if you can do this - then yes I would.

I would also state if VBA makes any proposal to reduce that they

are to advise me of this in writing prior to any reduction.

jmho,

carlie

Edited January 11, 2010 by carlie