hypertension Dro Barganing Prohibited

[pacmanx1]

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.

[halos2]

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 July 31, 2010 by halos2

[jbasser]

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

[pacmanx1]

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 July 31, 2010 by pacmanx1

[Philip Rogers]

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

[pacmanx1]

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)

[Testvet]

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