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Attorney advice

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jfrei

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My attorney has asked me to withdraw my two appeals before my C&Ps have been completed both issues have been scheduled. The RO has told me this is just to check the level of severity that they are being the last one was done in 2010. He mentioned that they would be SC but this is for the rating. Why would he say withdraw from them he also asked me to withdraw my new claim for AD which the doctor SC but then they scheduled me for a TBI review and a PTSD increase exam. I have 3 C&Ps scheduled later in July why would i pull out now? I am already 100% P and T but it's An IU Permanent rating does it really matter other then sending in a verification of not working form every year?

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He's your VA Appeals Attorney, I think you should be asking him for a "lay-Explanation" that you can fully understand. What are the Pros & Cons? Is this something that the two of you have had an ongoing in-depth discussion about, or did he just have a sudden epiphany?

Semper Fi

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Heh Remember it is your claim, your the boss, if you don't feel right about his or her decision ask questions and clarify things before moving forward.

When I was represented my attorney advised me and I disagreed.  I only disagreed because I had evidence that he was not considering would be of much help, I thought it would collaborate older records that were stating what I was arguing. I happened to be right so I call it a success. Mind you I argued because I knew the evidence was there and I knew the details of that evidence were vital.  It was a gamble but it was how I felt.  Fortunately it worked out for me.  Not always going to be the case.  Emotions can cloud judgement.

Every situation is unique but if you feel strongly about something and the ducks are in a row.  I would consider decisions more carefully.  

 

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  • HadIt.com Elder

Or just simply ask your attorney why you should withdraw your two claims at this point? & your new claim for AD?

Why would you want/need to do that?

I think its because he don't know what the hell he is doing...sometimes  a veteran can withdraw an appeal for another rating  the rater might have  ask your attorney if you will withdraw your two appeals  they will approve another claim  or something this effect.

 

jmo

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  • HadIt.com Elder

Remember jfrei,

you can add new & materiel evidence any time during your appeals even at the cavc

I will add if the BVA Judge can't make a decision  then he/she will remand it back to your R.O. 

When this happens ( and it happens a lot)  you can submit any new evidence you have.

Edited by Buck52
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