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broncovet

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The VA is contending that I withdrew a claim via email. This seems more than a little bit odd. While I can not find the email they are referring to, it is possible that I may have casually mentioned something like, "if you speed up x claim, I will withdraw y claim". However, "x claim" was never decided until two years later, but now they are saying "y" claim is withdrawn. Even worse, they seem to be linking "y" to everthing, saying that everything is withdrawn. "Horse Puckey" , as Colonel Potter on Mash would say it.

It would have had to be an IRIS email, but, even tho I keep ALL IRIS emails, there is no record of it. I dont think there is such an email, with a possible exception of a "contingency" email where the VA never met the contingency.

Of course, I am almost certain you can not apply for benefits via email, unless there is some sort of signature, electronic or pen and paper. So, it would follow that there would also be a signature required to withdraw a claim. I really think the VA is "bluffing"..and do not have such an email.

While I would drop "y" to be awarded an earlier effective date for "x", they are going to have to meet their half of the bargain first. I appreciate comments in advance. Thank you.

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  • HadIt.com Elder

I don't think I would have tried horse trading with the VA on my own via email. Tell them to produce the email where you dropped the claim. What they did is illegal if they did horse trade.

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Send them a FOIA/Privacy Act request under auspices of 5 USC 552 and ask them to produce a copy of the email.

I have used FOIA a lot over the years.

FOIAs helped advocates and lawyers uncover the Shreddergate scandal and FOIAs have helped many vets find evidence they needed for their claims.

My last FOIA to VA produced a bizarre result over something I am personally investigating.

I have found that FOIAS can reveal the unexpected.

Past FOIAS helped me prepare the first ADA case that was won herein NY (my husband was the plaintiff)

FOIA was used by the first Thailand AO vet to prove his exposure to AO.

And FOIA is why we know how many vets have died due to suicides which prompted many H VAC hearings.

I think there is a template at hadit under a search for Freedon of Information Act requests.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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