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]

You know I went from 0% to 60% for a heart condition on appeal. I just got a few more tests. Are you worried they would reduce your heart rating. They might increase it.

[scorned462]

John999,

Your award outcome is encouraging. Yes, I am worried that I will be reduced on my heart condition, which was awarded by the DRO on appeal, as secondary to hypertension, and then lose my TDIU benefit. It may be ungrounded worry but you never know what a VA examiner and rater may do. There is a possibility of an increase but I don't know if I want to take a chance with it. I am still flipping and flopping while trying to decide what I will do. I may roll the dice and just play it out but I still need to talk to my state VSO again before I make the final decision on what I will do.

Thanks,

Steve

[scorned462]

Update on my issues:

I had a C&P exam on September 9, 2011 pertaining to claims that the DRO in Atlanta had originally deferred when I was awarded TDIU in May 2011. This C&P was done at the Pensacola VA Center since I now reside in NW Florida since May 2011.

I have just received another letter scheduling two more C&Ps Nov 15th in Pensacola. One is mental health for depression secondary to lumbar fusion chronic pain. I was expecting this exam since this was not covered during my September 9th C&P. The other C&P exam has a handwritten note stating "Opinion" beside the Dr's name. This is a different doctor than the one I had at the exam in September 2011.

Has anyone ever seen a letter for a C&P stating "Opinion" and what does this mean? I have no idea what the opinion would be for except to try to reduce the TDIU benefit, which is what I was worried about when I was contemplating withdrawing part of my deferred claim.

My conditions have definately not gotten better since I was awarded TDIU in May 2011. I thought I was finished when my award letter for TDIU stated Permanent and Total, No Future Exams. I guess it is true that nothing is permanent in the VAs world.

Thanks all.