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.

[Philip Rogers]

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.

[pacmanx1]

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.

[Pete53]

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

[Commander Bob]

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

Yes...

[Berta]

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.

[Commander Bob]

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 August 1, 2010 by Commander Bob