Withdrawal Of Claim

[Bound4heaven]

Greetings,

I am asking for help. I currently help a elderly disabled veteran with his claims. He against me advive withdrew 2 of his appeals

1) Aid & Attendence

2) Right shoulder Conditions

He had letters from his primary VA doctors saying he qualifieed for AA. He had a great deal of edivence for increases for his shoulder conditions. He is rated at 100% loss of use of both feet and so much more. His claims were at the ratings board when he wanted to withdraw them and wait to be reprensented by an attorney. He as I have little belief in the service officers.

He sent his letters off about 3 weeks ago and on the last iris inquairy they have been removed.

Was this a bad decision? I have read that we cant start having attorneys until June. His shoulder rating was at the DRO level.

Can anyone help me as to which way to go so I can print it and show it to him. God bless you all. Yes I am praying for the female veteran who contacted me.

Bound4Heaven

[Berta]

He should not have withdrawn those claims-

when we get the regs and the formal right to hire attorneys all we need to do is whip out a rescind notice to our POA with copy to the VARO to get them off the books-

he withdrew his claims- not his POA_ big difference- I suggest that someone help this vet write a letter to the VARO and fax it ASAP saying he was confused and requested the wrong thing.

Maybe this letter should go to their director- I have Director names if you need them-maybe their fax number too-

As difficult as the ROs are to deal with, they might well understand that he did the wrong thing and re-instate his claim-

Otherwise he has lost his EED.

Lawyers are not yet a sure thing----

[Bound4heaven]

Dear Berta,

Thank you for your response. Yes I will print your response and do what you suggest. What is EED? I do thank you.

Thanks and God bless.

Bound4Heaven

[Bound4heaven]

DEAR BERTA,

COULD YOU PLEASE HELP ME WITH SOME SUGGESTIONS FOR THE LETTER TO THE VARO IN THIS MATTER? GOD BLESS AND THANK YOU.

BOUND4HEAVEN

[Berta]

Bound-

I suggest that the letter be sent to the attention of the Director of the RO

I think a brief statement should be out in the letter thus:

I am __________, C #___________, and made an error recently in withdrawing my claims which were at a rating board. This other veteran has my permission to request your help for me to correct the error.

___________________________________________ the veteran signs here.

Then put your name or whoever else could help and state that

This is an elderly veteran who thought he was changing his POA and instead erroneously withdrew his claims at the rating board. The veteran has significant disabilities and also has medical evidence of Aid and Attendance eligibility. I can verify that the veteran did not understand that he was withdrawing his claims, he only wanted to eventually change his POA and thought this was the way to handle that.

Can you please assist this veteran by putting his claims back into the rating board into an active status?

Please feel free to contact me at (phone number or email addy)

over this unusual situation which I believe the VARO will certainly understand and be able to correct for this disabled veteran.

Signed_________________________

(I dont know if this will work- but whoever prepares this for him could also ask Iris inquery at some point to see status of this request).

I had a horrible situation last year-

a vet whose claim I helped his POA with called me in great distress.

He had just been disagnosed qwith a terminal form of cancer and the vet rep (my former vet reP) had just gotten him to sign a rescind notice of the POA-

My former vet rep seemed angry after he asked for my help-

it was a small 1151 claim and I took it home with the vet's med recs and the vet permission and spent the whole weekend on it-

Mon AM when we all met again- I had found support for the 1151 in the med recs-

in a VA doctor's own words,

and also I had prepared an additional claim for 100% direct SC with SMC also.

The rep seemed sort of angry and gave the vet an envelope to send the claim but-just as he did with me on many occasions he said he didnt need a copy of the claim there-

(my POA still has no copy of my claims-afer 4 years)

I couldnt figure out his attitude.

A few months later I found evidence to help this vets claim and the vet took it into the vet rep to send in support of the claim.

That is when the vet rep got him to sign the rescind notice-he said he couldnt have someone else working on the claim-meaning me-so the vet would have to find another POA---- but he asked me to help in the first place-!!!!

I told the vet I would see what I could do and immediately called a higher ranking vet rep at the RO who found that a 21-4138 had just been sent in with a scribbled notice to rescind the POA and the vet had signed it-

I told this rep what had happened and he immediately pulled the 21-4138 off the VA PC.

I called the vet rep who did this and asked why he did this terrible thing -

he told me he simply didnt understand the claim I had prepared-and was upset because he didnt get it-I think this is why he tried to sabotage my AO claim now-

I firmly told this rep that the veteran's POA had been resored by _____ his boss- and that he better treat this vet right and get familiar wth the claim or else-

by the time another appointment came for the vet -the vet called me after it and said he was treated like a King-

(however I still dont know results of his 1151 or the newer claim-and have been unable to reach him at all.)

The vet was also told that the 1151 "went to the BVA" lke this was the Holy grail-from this vet rep

but the vet had no info from the RO that this happened at all-

how could a claim go to the BVA and the vet doesn't know how it got there?

I think the rep signed something for the vet without telling him-

[Vike17]

If there is time remaining within the one year appeals period, then the claimant only needs to write a letter as Berta stated to reinstate the appeal which was withdrawn.

Vike 17

[john999]

These elderly vets really need good advice since the system baffles them (and us at times). Can you imagine an 80 year old trying to deal with the VA's system of roadblocks. The old guys may actually believe what their VSO's tell them.