Withdrawal Of Claim

[scorned462]

Hello All,

After a 4 year battle, an appeal and a DRO hearing at the Atlanta VARO I was awarded IU P&T in April 2011. I did this on my own, with a lot of research here and other sites. Thanks for this site and the information posted here.

During my DRO hearing in February 2011 I was told to submit claims for some additional items I mentioned at the hearing. I later had a C&P and the doctor requested me to FAX my records from my private practice cardiologist. I did that as soon as I got home from the exam.

Two months later when I received my award letter all the additional items had been deferred, with the exception of one item. This was for my heart problem. Due to the heart problem I was awarded an additional 30%. This 30% combined with my previous ratings put me at 70% and the VARO awarded IU P&T, no future exams. So far, so good.

I moved to Florida in June 2011. This move was planned long before my award. I requested my records, C-File and VA Medical, be transferred to Florida. I just now received a package from the VARO here in Florida that states they are working on all the deferred items, including the heart problem that has already been decided by the Atlanta VARO.

I do not want the heart issue to be in play again. The other issues I have are all secondary to my already service connected disabilities. I want to withdraw this claim with the option to resubmit a claim on all items except for the heart problem. Or I want to totally withdraw the claim. What do I need to do to prevent the deferred claim for the heart from continuing?

I went to see my new VSO today but she is gone for a couple of weeks and I want to take care of this ASAP.

Thanks for any advice and information. Good luck to everyone with their claims.

[john999]

Did you serve in Vietnam. It may be a Nehmer thing if you did which could mean retro pay. You might want to visit your VARO and talk to a human about this. I would not get nervous about it since I doubt you will lose your IU unless you go back to work.

[broncovet]

Well, if you are sure you want to withdraw, just simply send it a 21-4138 and withdraw them. However, you want to make sure that is what you want as that is nearly impossible to "undo". May I inquire as to the reason you want to withdraw?

1. First you may be eligible for SMC S, if you get 100 plus 60.

2. Extra percentages help a lot if you are ever reduced.

3 It can make a difference on wifey's DIC

4. If you are withdrawing them to prevent a reduction, it may not work.

5. If you are just tired of hassling with the VA, altho I understand it, that is their plan. Frustrate Vets until they withdraw. Withdrawal lets them win.

Do you have something better to do with your time?

[cooter]

scorned

Other than what John & broncovet just said besides being right, you need to really sit back and think before you make a possible irreversible judgement. Is it your worried they will take the 30% rating away from you and lose the IU P&T? If that is the case, why would they waste their time taking away something that was just adjudicated in your favor. More than likely, they will catch that it has already been work on and set it aside. Who know's, they may not catch it and give you a higher rating than the 30%, and even if they catch their mistake, which again is more than likely, they will put you back to the original rating. Now you would have an ace in the hole for a future increase using that as evidence. I realize how this sounds, but hey, your working with the VA!

[scorned462]

Thanks all for the replys. I did not serve in Vietnam so it is not a Nehmer case. I am worried that a new exam will give the VA an excuse to reduce my rating and take away the IU rating. Is there a way to communicate to them that the heart issue has already been rated and I only want the other issues taken into consideration? What if I send a copy of the decision letter I have and highlight to them that the heart issue has been decided already? I know I may be unjustly worried but I can't afford to lose something that took so long to receive and kept me from going bankrupt.

Thanks.

[cooter]

Do what broncovet posted to you. Submit the 21-4138 form requesting withdraw of the heart issue. Make sure you state the reason why and attach a copy of the award letter with, (like you mentioned) highlighting the award section mentioned. Either hand deliver and have them stamp and date it,or, mail certified w/return receipt.

[scorned462]

Thanks Cooter. That is what I am considering since I do want all the other issues to be considered.