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What Is The Best Way To Withdraw My Claims?

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blanco63

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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 How will I know that the va has withdrawn them?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.

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  • HadIt.com Elder

Blanco63

Let me be blunt. I think that you are worried a lot about nothing. It is very rare indeed to see a rating reduced on Hadit and we get thousands of posts over a year. Although Veterans are not very organized trust me if ratings were being reduced on technicalities that is about all that would be discussed on here and other Boards

My opinion wait and see what happens with your latest claim and anything that does can be appealed.

So chill out you are fairly close to an answer since you already had a C&P.

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  • HadIt.com Elder
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.

Do not withdraw your claims because the claims no longer exist when this is done. You don't know what earlier issues may be pending claims due to failure to notify a veteran of a decision. You also don't know what evidence was late flowing in earlier decisions or what new and material evidence you could send V.A. under 38 USC 5108 to open earlier denials. Do not cave in to V.A. pressure to withdraw a claim.

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  • HadIt.com Elder

I have to agree you have had the C&P I would just let things go I seriously doubt they will reduce a 50% rating regardless of how many medical conditions you have and at what percentages I have to agree with Pete and say let it ride you may be surprised by the actions of the rater and how they interpret what the PA wrote the rater looks at treatment records and also the C&P not just the C&P my PA who did my cardio exams couldn't even look me in the face when she realized I was one of her neighbors when we went to vote and BVA Judge granted my claim she plainly stated was NOT SC PAs are not the end all they think they are some doctor had to sign off on the PAs report to make it legal

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I have to agree you have had the C&P I would just let things go I seriously doubt they will reduce a 50% rating regardless of how many medical conditions you have and at what percentages I have to agree with Pete and say let it ride you may be surprised by the actions of the rater and how they interpret what the PA wrote the rater looks at treatment records and also the C&P not just the C&P my PA who did my cardio exams couldn't even look me in the face when she realized I was one of her neighbors when we went to vote and BVA Judge granted my claim she plainly stated was NOT SC PAs are not the end all they think they are some doctor had to sign off on the PAs report to make it legal

Roger that...600,000 in backlog and two weeks off because of the weather...Be ready to just wait a bit longer. Or,,,like you say,,,you can always go insane. Been waiting since 07. Sounds like you might have asked the man upstairs for some patience....(smile)

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Roger that...600,000 in backlog and two weeks off because of the weather...Be ready to just wait a bit longer. Or,,,like you say,,,you can always go insane. I've been waiting since 07. Sounds like you might have asked the man upstairs for some patience....(smile)
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I have to agree you have had the C&P I would just let things go I seriously doubt they will reduce a 50% rating regardless of how many medical conditions you have and at what percentages I have to agree with Pete and say let it ride you may be surprised by the actions of the rater and how they interpret what the PA wrote the rater looks at treatment records and also the C&P not just the C&P my PA who did my cardio exams couldn't even look me in the face when she realized I was one of her neighbors when we went to vote and BVA Judge granted my claim she plainly stated was NOT SC PAs are not the end all they think they are some doctor had to sign off on the PAs report to make it legal

Roger that...600,000 in backlog and two weeks off because of the weather...Be ready to just wait a bit longer. Or,,,like you say,,,you can always go insane. I've been waiting since 07. Sounds like you might have asked the man upstairs for some patience....(smile)

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