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.

[Vync]

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.

[carlie]

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

[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 setltlingl though.

Edited August 1, 2010 by halos2

[Chu Lai69]

Hmmmmmmmm!!!!!

Edited August 1, 2010 by Chu Lai69

[Chu Lai69]

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??

[pacmanx1]

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 August 1, 2010 by pacmanx1