Withdrawal of part of claim due to c&p

[Joepen]

I have an appeal claim processing now. I went to three C&p exams for all of my disabilities(including unemployability which I was approved for.) My claim is near the end but is awaiting one more C&p for gulf war related respiratory issues at the va. This appointment has been cancelled twice, I was supposed to have it  Tuesday and they cancelled Monday afternoon. 

My question is may I withdraw the part of the claim that is awaiting this exam rescheduled for October? I can’t wait this long, my VSO is never in his office, he emailed me in June saying my claim should be complete soon. Will it hurt me to withdraw?

Edited August 22, 2018 by Joepen

[broncovet]

Ok, so you are tdiu and are interested in withdrawing your claim for "respiratory issues".  

It sounds like maybe you are "not so sure" about TDIU, perhaps you found something on ebenefits or scuttlebut (rumor).  

Isnt in just like VSO's to be "unavailable" when you need them?  There is an unwritten code, that VSO's dont return Veterans calls after the POA is in place.  After all, this could involve more work for the VSO.  

Before I suggested you withdraw the respiratory issue claim, I would have to know more.  

For example, do you have a nexus, diagnosis, and in service event for the respiratory issues, or is this an 1151 claim?  You must be missing something or a C and P would not be necessary.  If you dont have your cfile, well, that is a mistake you need to fix, but your VSO may be able to help, that is, if he returns calls.  Ask for help in that office..maybe another VSO can show you your cfile in his absence.  

How serious are your "respiratory issues"?  Is this likely to be asymptomatic, or mild symptoms?  If, indeed, you are tdiu, then you would need a combined 60 percent additional to get more benefits, such as SMC S.  

 

[Berta]

Great answer Broncovet-

My husband long ago , also thought he should withdraw his 1151 claim because of something someone said.....

The someone was Pres  Clinton ----he said on TV that the VA was the best gov health care system in the world.

My husband suddenly felt his 1151 had no merit.

I asked him how would Clinton know that- he even had to be taught how to salute.He dropped the idea to withdraw it.

Long story, his 1151 claim was awarded and recently I found their 1151 audit was all wrong- and even their AO IHD retro was wrong- they still owe me money-as accrued.

I am glad you mentioned 1151 to this veteran Broncovet- we dont know if that is one of his issues-

however VA OGC Pres Op 08-97 states they must pay ALL 1151 awards and cannot deprive the veteran if they already have SC awards.My award under the pres op also is what garnered SMC, posthounously for my husband.- I would be way short of any proper accrued awards the VA has owed me.- if I had listened to my so-

called vet reps who didnt have a clue.