Appeal Response

[Woody7810]

In my award letter I received today I was made P & T 100%. I still have a appeal pending certification to go before The BVA.

The letter they sent me ask me if I am satisied with their decision I can either move forward with the appeal or withdraw it.

I had read somewhere that once a decision is made favorable on a claim it is best not to let the VA reopen your claim because they might want to knock your rating down.

I am happy with what I have but before I talk with my DAV rep I wanted to ask the question where I know honest answers would come.

Thanks Woody!!!

[Chuck75]

Without knowing what the 100% P&T is based upon, I'd have a hard time giving advice as to dropping or continuing an existing appeal.

If the 100% P&T is based upon a single schedule rating, and is not something that the VA can play with, sure go ahead.

But even with this, the VA has a capability to "correct an error", and use that to reduce or eliminate a service connection.

If they were to try this sort of thing, you would get in a battle, and really need an expert, preferably a lawyer.

This assumes that the matter on appeal is directly related to whatever condition(s) are involved in the 100% P&T.

In my award letter I received today I was made P & T 100%. I still have a appeal pending certification to go before The BVA.

The letter they sent me ask me if I am satisied with their decision I can either move forward with the appeal or withdraw it.

I had read somewhere that once a decision is made favorable on a claim it is best not to let the VA reopen your claim because they might want to knock your rating down.

I am happy with what I have but before I talk with my DAV rep I wanted to ask the question where I know honest answers would come.

Thanks Woody!!!

[carlie]

In my award letter I received today I was made P & T 100%. I still have a appeal pending certification to go before The BVA.

The letter they sent me ask me if I am satisied with their decision I can either move forward with the appeal or withdraw it.

What was your 100% P&T granted for ?

What issues do you still have under appeal, awaiting certification and transfer to BVA's jurisdiction?

[Woody7810]

I was found P & T through unemployability since Voch rehab stated that my SC disabilitys would prevent working in my profession and unable to train in a new profession.

The issues that are being appealed I was trying to get service connected for ( secondary ).

[Woody7810]

I don`t want to take the chance of having the champva being removed. My family needs the coverage. My wife has end stage renel failure and I have been paying for medical coverage for her out of pocket through private insurance.

She is on a transplant list and I know they honor champva insurance. I have to think about more than just me while doing this, no matter how wrong I believe the decision may be.

Woody

[cooter]

You sound like a decent human being. That's perty heavy stuff having to deal with your wife's future transplant. I will say this and it's just my opinion. After thinking about what you said, being P&T 100% and having a wife in that position, I myself would leave it alone and not pursue it, at least untill your wife has the surgery. But, thats just me.

[Pete53]

Congrats on your win. Now that you have 100% you need to do a thourough review and decide if you are satisfied. Many of us who got 100% are still not finished.

Good Luck