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Dro Barganing Prohibited


pacmanx1
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h. DRO Bargaining Prohibited

A DRO cannot make a bargain with an appellant or his/her representative by requesting or requiring him/her to withdraw a claim or take any action in exchange for the granting of any benefit.

Example: A DRO tells an appellant's representative that she will grant a 50 percent evaluation for PTSD if the appellant withdraws the claim for secondary service connection for hypertension.

A DRO is not prohibited, however, from discussing the lack of merit in any particular case or from encouraging the claimant or his/her representative to withdraw a meritless appeal.

Section C. Decision Review Officer (DRO) Review Process. Found on page 10.

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SORRY to disagree but they do this! It was just done with my claims! My VSO said "take the deal!" So why would one believe this doesn't occur? Suddenly the VA Goes By All The Rule All Of The Time? NOT!! We could all say what the regs say but look at how we have all been jacked around...look at berta's claims and then tell me the Va Adheres To The Rules and Regs ! This is not meant to be against you for posting this, I just find it humorus reading this when I was highly encouraged, to "take the deal!"or else...! It's called saving $$ by dealing and avoiding retro! <BR>I have an email from my VSO who says yes it is this way, take the offer!!!!

Edited by halos2
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It is done by getting the Veteran to initiate the deal. Your rep says why dont you do this???

It does and will continue to happen.

J

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SORRY to disagree but they do this! It was just done with my claims! My VSO said "take the deal!" So why would one believe this doesn't occur? Suddenly the VA Goes By All The Rule All Of The Time? NOT!! We could all say what the regs say but look at how we have all been jacked around...look at berta's claims and then tell me the Va Adheres To The Rules and Regs ! This is not meant to be against you for posting this, I just find it humorus reading this when I was highly encouraged, to "take the deal!"or else...! It's called saving $$ by dealing and avoiding retro!

I do agree with your post here but I was just passing this information on. The problem is most veterans do not know what they are entitled to and a lot of VSOs rather than relieve the stress and pressure from Veterans instead chooses to agree with whatever VA says. I feel that this is wrong and horrible but it happens every day. A veteran must try to be his/her own advocate or to get someone that will truly fight for his/her best interest and not the VA's. VA feels that when they award a veteran 100% then the veteran will leave the VA alone and in "MOST" cases the VA screws up the veterans' effective dates of his/her claims but the veteran is so happy and pleased to get the 100% that s/he stops all claims and moves on with his/her life and the veteran loses because if s/he had someone on his/her side, then s/he could get a more accurate decision including correct effective dates. I am not saying this is your situation because I do not know it. But as I was saying I was just passing on the information of my original post and not saying that VA does or does not follow it. I did not take it personally. You mention Berta's claims and I can only say that Berta is an inspiration that we all can learn from. She decided that VA was being unfair and she decided to learn how to fight for what she felt/feels VA owes her. I think we all need to learn that, I also think that channeling anger and frustration in the right direction can lead to a positive response.

Sorry for the rant.

I Hope This Makes Sense

Edited by pacmanx1
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  • HadIt.com Elder

Yes it happens and yes it's wrong but it's better than having the claim continued on for many more years. I say take the offer and maybe CUE it later. It would be a CUE if a DRO did that. jmo

pr

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Yes it happens and yes it's wrong but it's better than having the claim continued on for many more years. I say take the offer and maybe CUE it later. It would be a CUE if a DRO did that. jmo

pr

I never said that a veteran should not take an offer, just pointing out the fact that veterans loses because they do accept offer and not having someone in their corner that will help them fully understand their situation. Yes you are correct that it would be a cue and cue claims can be filed at any time. Again, I know it happens and it happens everyday but trying to bring out the point that when these things happen that their may be an error in the effective date(s)

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  • HadIt.com Elder

I think we ALL agree it's "wrong" but a few of us have been on the "take the deal" side of the offer, and after fighting them for "years" it is the award most of us have been trying to get that P&T is a biggee that gives us the CHAMPVA and Chapter 35 benefits for the wife and kids if we are totally disabled and "can't" ever go back to work call it the "brass ring" the "whole enchilada" what ever you want to but for many of us that is usually "an offer we can't refuse" if we say no, how long will it be before it goes to the BVA for adjudication because that is the inference, that the claim will not be settled locally that you will be waiting for a LONG time before you hear anything again and the VSO makes it seem like you are an idiot for refusing a 100% P&T award and they usually haven't been a great help up to this point and most of us are just fed up by this point and want the fight to be over

is it wrong? Yes will it continue to happen? Bet your sweet bippy it will normally when they do this the veterans have like 6-15 different things claimed and if there is "one or 2 issues they can grant to get the vet to 70% TDIU P&T or 100% P&T then we will see these offers made for the future if people see an easy way to make the workload lighter by veterans "withdrawing" issues and making the SOC shorter to write and vets keep claiming every infected pimple they ever had and 1/2 inch scar (I know I am being silly here, but a lot of veterans are silly in some of the things they claim, and we all know it)

Life does go on and deals will be made

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SORRY to disagree but they do this! It was just done with my claims! My VSO said "take the deal!" So why would one believe this doesn't occur? Suddenly the VA Goes By All The Rule All Of The Time? NOT!! We could all say what the regs say but look at how we have all been jacked around...look at berta's claims and then tell me the Va Adheres To The Rules and Regs ! This is not meant to be against you for posting this, I just find it humorus reading this when I was highly encouraged, to "take the deal!"or else...! It's called saving $ by dealing and avoiding retro! <BR>I have an email from my VSO who says yes it is this way, take the offer!!!!

Were you working with a DRO? VSO's are different and this rule may not necessarily apply. I'm not a lawyer, but I am not surprised that they are doing this.

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Were you working with a DRO? VSO's are different and this rule may not necessarily apply. I'm not a lawyer, but I am not surprised that they are doing this.

Vync,

The VSO can offer a deal to the DRO - they do it on a regular basis.

Example - we will drop the headaches if your award the cervical DDD at 40 percent.

This makes the DRO's job easier.

jmho

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Actually within 3 weeks I was granted 10% HTN 40% fibro and put in IU and that is when 3 days post receiving my IU form my VSOphoned me at home and said "A DRO is reviewing your BVA remand and your other claims and wants to offer you a deal" the "deal is you get 100%PT NOW and have to drop all your claims or else they will set you up with 6 new C&P's and could drop your 70% because they will send you to their dr's for these exams!!" "What is it all or nothing deal?" Right!! Put it off a day wanting my oldest claim from 03-04 to be decided on "NO!" All or nothing now and you need to drop all your claims and not fiile anymore claim or you could get dropped down to 0!"

Not what I wanted, but I took the deal! Am still sick over this. I wanted to fight it but the cost to me personally/mentally was so great I crumbled and took the deal from a DRO. No I did not ask for a DRO to review this I just put my claims in the regular manner, perhaps DRO's deal with remands? I don't know.

Deals occur I believe because they have the power to save retro and power to keep you on the merry-go-round forever if you don't! Now as others stated I gotta live 20-30 yrs more to make them pay.

I am still discusted setltlingl though.

Edited by halos2
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Hmmmmmmmm!!!!!

Edited by Chu Lai69
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Actually within 3 weeks I was granted 10% HTN 40% fibro and put in IU and that is when 3 days post receiving my IU form my VSOphoned me at home and said "A DRO is reviewing your BVA remand and your other claims and wants to offer you a deal" the "deal is you get 100%PT NOW and have to drop all your claims or else they will set you up with 6 new C&P's and could drop your 70% because they will send you to their dr's for these exams!!" "What is it all or nothing deal?" Right!! Put it off a day wanting my oldest claim from 03-04 to be decided on "NO!" All or nothing now and you need to drop all your claims and not fiile anymore claim or you could get dropped down to 0!"

Not what I wanted, but I took the deal! Am still sick over this. I wanted to fight it but the cost to me personally/mentally was so great I crumbled and took the deal from a DRO. No I did not ask for a DRO to review this I just put my claims in the regular manner, perhaps DRO's deal with remands? I don't know.

Deals occur I believe because they have the power to save retro and power to keep you on the merry-go-round forever if you don't! Now as others stated I gotta live 20-30 yrs more to make them pay.

I am still discusted setteling though.

Halos2 "Not what I wanted, but I took the deal! Am still sick over this." Your sick over taking 100% P and T?? Geeeezzzz give me a break. Many of us are fighting to get above 50% I will take your 100% P and T any day of the week. I promise not to be sick over it not one single day. LOL So would you like to trade places with me??

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halos2

Actually within 3 weeks I was granted 10% HTN 40% fibro and put in IU and that is when 3 days post receiving my IU form my VSOphoned me at home and said "A DRO is reviewing your BVA remand and your other claims and wants to offer you a deal" the "deal is you get 100%PT NOW and have to drop all your claims or else they will set you up with 6 new C&P's and could drop your 70% because they will send you to their dr's for these exams!!" "What is it all or nothing deal?" Right!! Put it off a day wanting my oldest claim from 03-04 to be decided on "NO!" All or nothing now and you need to drop all your claims and not fiile anymore claim or you could get dropped down to 0!"

Not what I wanted, but I took the deal! Am still sick over this. I wanted to fight it but the cost to me personally/mentally was so great I crumbled and took the deal from a DRO. No I did not ask for a DRO to review this I just put my claims in the regular manner, perhaps DRO's deal with remands? I don't know.

Deals occur I believe because they have the power to save retro and power to keep you on the merry-go-round forever if you don't! Now as others stated I gotta live 20-30 yrs more to make them pay.

I am still discusted setteling though.

In no way I started this post to upset you, I was awarded 100% P & T last year. I also have several claims on appeal, two CUEs/NODs and a few appeals that were never processed. VA called me and asks would I drop all my claims. Since the BVA remanded my claims once and told the local VA to re-adjudicate my claims or provide me with a SSOC, I felt/feel that I have at least a 50/50 chance of winning, so I am not interested in dropping my claims. I did drop one but after reading the BVA remand, I realized it was another Cue that BVA found so if I don't like the decision, I can ask them to Cue themselves based on the remand that I dropped but choose to get reevaluated. I also wanted veterans to know that even though this happens on a regular basis, it is supposed to be "prohibited".

Edited by pacmanx1
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halos2 - don't be disgusted, as it was your choice. They never offered me a deal but I may have taken one, if it had been offered. I lost a house, a marriage, eventually had to file bankruptcy and ended up homeless, for a while, living in my van, while dealing w/my claim. I have a 20yr claim going now that I'd settle for half, if offered. You did what you had to do to survive. You can always try again later, after the dust settles should you feel that strongly about it. As they say, cash talks and BS walks. Enjoy the win, for now!!!!! jmo

pr

Actually within 3 weeks I was granted 10% HTN 40% fibro and put in IU and that is when 3 days post receiving my IU form my VSOphoned me at home and said "A DRO is reviewing your BVA remand and your other claims and wants to offer you a deal" the "deal is you get 100%PT NOW and have to drop all your claims or else they will set you up with 6 new C&P's and could drop your 70% because they will send you to their dr's for these exams!!" "What is it all or nothing deal?" Right!! Put it off a day wanting my oldest claim from 03-04 to be decided on "NO!" All or nothing now and you need to drop all your claims and not fiile anymore claim or you could get dropped down to 0!"

Not what I wanted, but I took the deal! Am still sick over this. I wanted to fight it but the cost to me personally/mentally was so great I crumbled and took the deal from a DRO. No I did not ask for a DRO to review this I just put my claims in the regular manner, perhaps DRO's deal with remands? I don't know.

Deals occur I believe because they have the power to save retro and power to keep you on the merry-go-round forever if you don't! Now as others stated I gotta live 20-30 yrs more to make them pay.

I am still discusted setteling though.

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halos2 - don't be disgusted, as it was your choice. They never offered me a deal but I may have taken one, if it had been offered. I lost a house, a marriage, eventually had to file bankruptcy and ended up homeless, for a while, living in my van, while dealing w/my claim. I have a 20yr claim going now that I'd settle for half, if offered. You did what you had to do to survive. You can always try again later, after the dust settles should you feel that strongly about it. As they say, cash talks and BS walks. Enjoy the win, for now!!!!! jmo

pr

I truly would not know where to begin but I will try to make this short. You don't know how similar our situations are. Losing home, marriage, car, and living in a situation that was deplorable while VA denied our claims. What makes things even harder to digest is when they have all the information they need and you ask for a financial hardship to expedite your claims and only get a denials. I think that there are many veterans that can tell us horror stories that VA put them through for no good reason. I even worked for VA so I am totally irritated that they did not properly process my claims but I guess I realized when I had to quit that I was not one of them but just a regular veteran. I will end now because it still pisses me off that I knew people that could help but it seems that they tried to hurt my claims and put me through hell.

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  • HadIt.com Elder

Many have suffered waiting for the VA for years to do what should have been done in months.

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  • HadIt.com Elder

I think that there are many veterans that can tell us horror stories that VA put them through for no good reason.

Yes...

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This is my opinion-I think I was the victim of a deal between my former rep and a DRO.I have a SSOC that strongly suggests something fshy went down.The OGC "investigated" and said that VA had done nothing wrong regarding that situation.The rep has since been demoted.

If the VA actually makes a 'deal' -I feel a vet could re-open any claim they dropped at any time at all, with new and relevant evidence.

What would VA say - deny it because "hey we made a deal with you regarding your past claim and you are reniging on it?"

Nope- maybe it was your vet rep who actually made the deal.I think VA 'deals' stem from vet reps offering a deal-and maybe not DROs.

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  • HadIt.com Elder

Nope- maybe it was your vet rep who actually made the deal.I think VA 'deals' stem from vet reps offering a deal-and maybe not DROs.

While preparing for my DRO hearing, I was looking over some of my old 21-6796 "Rating Decision" forms. After reading this topic thread and Berta's input, I see where in 1989, my NSO rep made a deal with the VA to lower my "non PTSD" rating and increase a bilateral ortho rating to balance the claim. This re-set my 20 year protection date and cost me twenty years of protection for certain SC conditions...

Edited by Commander Bob
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I made a deal with my base personnel office,, I got very sick from the jet fuel (severe headaches, limbs swelling, blood, and severe edema.. and a doctor gave me a waiver which said I can no longer work with the petroleum chemcials, they made me sick.. so they gav eme a list to choose a new job from..

I went down the list and every job I picked I was told those jobs were only reserved for minorities. (I am white male)

So, I finally got a job they said ok.. it was to work in data processing on computers for a weather squadron,, I was working there for several weeks, and even receieved an award for a perfect job in my skills and converting the data...

then one day they told me my job has been swtiched to a new job, so they sent me to work at a graphics shop working with offest presses..

well it turned out in the printing business the rollers and drums on the presses use chemicals.. so I had to use trichloroethylene, which again, made my limbs swell up and bloody...

that destroyed the five years of duty I put into my work...

They made me sick all over again after the doctors and command agreed I was to sick from working with chemicals, yet they forced me into getting sick all over again..

I can go on with stories about getting screwed around..

but as far as the bargaining goes, I have no yet had this happen with my claims,, yet..

Edited by retiredat44
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  • Content Curator/HadIt.com Elder

Vync,

The VSO can offer a deal to the DRO - they do it on a regular basis.

Example - we will drop the headaches if your award the cervical DDD at 40 percent.

This makes the DRO's job easier.

jmho

Gotcha

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