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Appeal Response

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Woody7810

Question

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!!!

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Thank you for saying that. cooter. I have been starting to look over my claims and C-File to try and make a decision.

My DAV rep. is at the Conventation In New Jersey and won`t be back in the office till next week, ( I won`t talk to the new guys ) they try to help because they are still learning as am I , this is a decision I need experience and a complete bias view.

"Just for Today" we grab the moment.

Woody

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  • HadIt.com Elder

Since it will take years for the BVA to review your appeal you have plenty of time to think. You don't need to rush into anything.

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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 ).

Woody,

What are the secondary issues you are claiming that are a result of an

already SC'd disability ?

If they were all granted - would this increase your comp any - perhaps

as an SMC ?

If the issues were simple, clear cut with diagnosis, nexus and full medical rationale,

then I might continue onto BVA - if not - I'd just withdraw the Appeal and go live my

life the best I could.

Carlie passed away in November 2015 she is missed.

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It i really hard to say what any of us would do because we do not have your circumstances.

If they called you tomorrow and said we have a transplant for your wife would you be able to pay for it? At this point what would you be giving up at the BVA level?

If the insurance it is necessary, then 20 years of a couple of hundred dollars will not repay what the costs could be without the insurance.

Accepting an offer from the VA that requires you to make a decision to let some things go may be hard, and like so many other here I am in the fight to the end, but if it was a decision that would impact the health of my family, there is no decision.

Good luck

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Woody, I was in a position somewhat similar but did not have a spouse who was ill...anyway after battling for over 7+ years I had a claim return from BVA (remanded plus another one not yet decided) anyway they took me within 1 week of examining my latest C&P's with a new grant added, then 3 days later another, then 2 days the same and offrred 100% P&T with NO FUTURE EXAMS if I took the deal RIGHT THEN, or else I would be at 70% and they would basically hold me up with more C&P exams for years, and stall...

so I took the deal, they went back a little over a year for retro, but this way at least 2 of my kids could complete their master's degrees and other benefits were mine...It was just a year a go sometimes I still feel I should have fought but long term family benefits were better to take it. I didn't have someone with health care needs as desperate as yours but you have to look at the overall what is best for your family, and no more exams and no more appeals, and NOD's and fights can give you some security and peace.

Receiving a larger check also helps pay the bills too.

I hope for the best for you and your family, and sometimes what we want and what is offered might be a bit different, but in the long run peace of mind and family care and security do play a major part of the decision. Good luck with your decision and with you wife's condition too.:wink:

Woody, I was in a position somewhat similar but did not have a spouse who was ill...anyway after battling for over 7+ years I had a claim return from BVA (remanded plus another one not yet decided) anyway they took me within 1 week of examining my latest C&P's with a new grant added, then 3 days later another, then 2 days the same and offrred 100% P&T with NO FUTURE EXAMS if I took the deal RIGHT THEN, or else I would be at 70% and they would basically hold me up with more C&P exams for years, and stall...

so I took the deal, they went back a little over a year for retro, but this way at least 2 of my kids could complete their master's degrees and other benefits were mine...It was just a year a go sometimes I still feel I should have fought but long term family benefits were better to take it. I didn't have someone with health care needs as desperate as yours but you have to look at the overall what is best for your family, and no more exams and no more appeals, and NOD's and fights can give you some security and peace.

Receiving a larger check also helps pay the bills too.

I hope for the best for you and your family, and sometimes what we want and what is offered might be a bit different, but in the long run peace of mind and family care and security do play a major part of the decision. Good luck with your decision and with you wife's condition too.:wink:

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