Should I cancel one of the claims I need advice quick..thanks

[cathyjourdan]

HI,

Okay quick question and I hope I get some quick advice before its too late.  Okay so I put in for an increase in my husband's ihd, and his lungs because he's had terrible residuals since he had radiation for lung cancer.  We applied for the caregiver program and was approved but the lady told me that his 100% for his lungs was temporary (which I knew) and that I should be trying to get him increased or made P&T so that his overall average would never go below 70%.  So I put it in.  Well the rep at the VA went in and said that he was Permanent and Total...yay.  So I thought they were done because I saw the notice saying a decision letter was being mailed.  However, today a lady calls and says she will be scheduling him for a c&p for his lungs.  Well as it stands he has 100% for his lungs.  They have not set the appointment yet...should I go in and request this cancelled?  THere is nothing to gain and I'm thinking the wrong doc could certainly give something to lose especially since she said they will be using a community doctor.  It's a moot issue right now right?   If they haven't made a decision which obviously they haven't can I cancel or is it too late?

 

[ShrekTheTank]

So it sounds like regardless of what you do at some point they will review this as you said the 100% is Temporary?  The P&T is good, but I believe they can drop the % unless they have removed the temporary and said it is permanent.  

If I am wrong here some please correct me.  

Do you have access to Ebenefits?  If so go to your disabilities there and see if it says you are temporary or not.  I would then check your letters and see what the benefits section there says.  

Which VA rep did you talk too?  I would find out from them if they are keeping it at 100%.  

Also there are good reasons to keep fighting for all conditions if they are getting worse.  Have you fought to get all the secondary conditions these issues have caused?

There is more beyond 100% P&T.  In the forums here you can look into SMC-S and all of the SMC as each one has a different way to help there veteran and their family.

I would get more information before even thinking about canceling the claim.  Ask yourself has he improved?    What have the doctors said?

As for me personally I will not stop fighting.  I have found out so much from this site and there are so many resources here.  Keep asking questions and stand up to the VA!  

[Marine Corp 69/70]

My two cents your husband has A lot of problems I myself would go after everything disability that he is in tiled too, with the disability he has there’s no way the VA will go after him to decrease his disability go for it.

[GBArmy]

I agree with the advise given but would make this even stronger. If you can go to claims in VA.gov, go to letters and print out a hard copy of what your husband's disabilities and status are. Or, get a VSO to print this stuff out for you. be sure your latest diagnosis and progress notes are posted in his medical files and bring a copy with you to the C&P exam. Make sure the examiner knows his latest current condition. No need to bring 4 inches of data files, just the current or it won't be looked at.

[broncovet]

Its rarely a good idea to "cancel claims" and almost always regretted when it happens.  You would only cancel a claim when there is a "compelling reason", such as sometimes, VA will offer to "award condition A if you withdraw condition B".  

I have withdrawn claims and regret it, because "I thought" it would speed up other claims.  It didnt.  

VA would "love it" if you withdrew (cancelled) your claim, and  they would especially prefer if ALL Vets withdrew all claims then they could take a vacation and have a party on taxpayers dime.  

Edited January 15, 2021 by broncovet

[cathyjourdan]

When we thought it was over we went in and a regional person printed my husband his Tag letter and told us he is permanent and total and that the 100 for his lungs was permanent.  I would have talked to her then but I thought that meant we were done until yesterday when they called to see about scheduling his c&p for his lungs...that's why I'm panicking.

[broncovet]

Dont panic.  Is he over age 55?  

Go to the exam.  They cant reduce you unless you have had "actual improvement under ordinary conditions of life".  Source:

https://www.law.cornell.edu/cfr/text/38/3.344