Lower Back Claim - BVA hearing or Supplemental

[th175]

I appealed my lower back condition (DDD, strain) and am still waiting on a virtual hearing since July 2020. I called and they said they are still on 2019 claims but would not give me any other information. From what I've read on here I'm better off withdrawing my hearing and submitting a supplemental claim with IMOs. I know I would lose the back pay though. Are there any other negatives to withdrawing my hearing? Does anyone have an idea how much longer I'd wait for a hearing? Thanks

Edited March 8, 2021 by th175

[GBArmy]

th175 If you think your evidence is weak or won't fly, then yes, I would withdraw and submit a supplemental claim with much better evidence. It really doesn't make any sense to wring your hands about loss of potential back pay. If your claim, as it sits, doesn't get approved, you don't get any back pay. 

[th175]

Thanks. Is bringing the IMOs to my hearing not allowed?

[pacmanx1]

56 minutes ago, th175 said:

Thanks. Is bringing the IMOs to my hearing not allowed?

There is no way of knowing how long it will take for the VA to get to your hearing.  Yes, since your claim is still pending, you can take any and all evidence to your hearing and add as evidence to your current appeal. If I had positive evidence in my possession, I would never withdraw my claim. If the IMO can win a supplemental claim shouldn't it be strong enough to win your appeal/hearing?

[broncovet]

You can submit new evidence.  Dont withdraw any claims.  That short sited concept never works out in the long term.  Yes, I know its frustrating.  If you got denied the first time at the varo, what makes you think you will be awarded this time.  It does sound like you have new evidence, and, yes, you should submit that, I dont suggest waiting until the hearing to "spring on" new evidence.  Submit that new evidence now.  

Source:  I withdrew a claim and regretted..still regret.., it.  No, it did nothing to speed up anything.  It still took me 17 years (no I did not make that up) to get all my benefits, including 3 trips to the CAVC, several to the BVA, and countless VARO decisions.  

Withdrawing a claim sends a message:

Im not sure if I deserve va benefits.  Yea, I told you before I did, but I thought about it and now I dont.  Do you see the problem here?  

Edited March 9, 2021 by broncovet