Appeal withdrew with my knowledge

[tucker62]

I was dropped from 100 % to 90%. The reason was that they claimed my lung had improved and rated them down from 60% to 10% even though I was having problem breathing.I filed an appeal as they used the wrong reading to score my rating. They should have used the DELCO which was low. I was using the DVA as my representative but I never heard one word from them and never received any callbacks.  I continued to pursue my shortness of breath and the finally did a right heart cath that showed I had moderate to high pulmonary hypertension. I believed that should have answered the question on the shortness of breath and settled the appeal. But no, pulmonology said that because they saw a wedge pressure between the left side of the heart and the right, it was cardiologists problem and not theirs. Today I just had a left heart cath and everything is clean. No blockage, only .2 tenths of a rise in pressure on the left side. So this proves it's the lungs and an automatic 100%. 

So I went in and checked on the status of my appeal this evening and it shows that it was withdrawn and has been closed. I did not withdraw it and have no idea who did. I also checked on the request for my C file and it stated that there was no information and the request was closed.

So, what do I do now?

Tucker

[Berta]

Go to https://www.va.gov/ and click on the Contact Us button up top, then click on Ask a question....you will be directed to IRIS-

File this as an IRIS complaint and tell them what you told us here.

"I filed an appeal as they used the wrong reading to score my rating. "

Was  the NOD filed on time?

Did they send you a 'proposed reduction' letter with your rights explained in it?

If so did you respond to it within the deadline?

So I went in and checked on the status of my appeal this evening ( went in where -ebenefits?)

and it shows that it was withdrawn and has been closed. I did not withdraw it and have no idea who did. I also checked on the request for my C file and it stated that there was no information and the request was closed.

Do you have proof of mailing that request or did your vet rep say they would do it?

 

 I suggest you read this carefully......first

§20.204  Rule 204.  Withdrawal of Appeal.

 

(a) When and by whom filed. Only an appellant, or an appellant’s authorized representative, may withdraw an appeal. An appeal may be withdrawn as to any or all issues involved in the appeal.

 

(b) Filing.

 

(1) Form and content. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. They must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.

 

(2) Where to file. Appeal withdrawals should be filed with the agency of original jurisdiction until the appellant or representative filing the withdrawal receives notice that the appeal has been transferred to the Board. Thereafter, file the withdrawal at the following address: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.

 

(3) When effective. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. Thereafter, it is not effective until received by the Board. A withdrawal received by the Board after the Board issues a final decision under Rule 1100(a) (§20.1100(a) of this part) will not be effective.

 

(c) Effect of filing. Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies. Withdrawal does not preclude filing a new Notice of Disagreement and, after a Statement of the Case is issued, a new Substantive Appeal, as to any issue withdrawn, provided such filings would be timely under these rules if the appeal withdrawn had never been filed.   (Authority: 38 U.S.C. 7105(b) and (d))

 

 

            [57 FR 4109, Feb. 3, 1992, as amended at 68 FR 13236, Mar. 19, 2003; 81 FR 32649, May 24, 2016]

 

            Supplement Highlights references:  122(1).

Source VA.gov