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The VA Regional Office in Raonoke, Virginia apparently has the right to tell vets if they drop several service-connected claims that they will grant the vet a 70 % service-connected rating in order for the vet to be rating Unemployable at a 100%. The vet is told that if he doesn't drop the claims his case will be sent back to the BVA. The vets case had already been sent back and forth from the BVA to the VA Regional Office numerous times, so the vet if desperate due to health problem and accepts. The vets service representative is the one who had emailed the vet pertaining to dropping claims and the vet has a copy of the email. Later the rep. tells the vet if he tries to re-open the claims, the VA could reverse their original decision or make the vet take his exam over. Another rep. with another service organization tells the vet that this is against the law, but again the vet is told if he re-opens his claim they could reverse their decision.

Does anyone have aany knowledge pertaining to this matter? Your help would be appreciated.
 
Posts: 65 | Registered: Sun May 27 2007Reply With QuoteEdit or Delete MessageReport This Post
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Asel,

I don't have an answer for you, but it seems the St. Petersburg, FL VA is doing the same thing.

I was just awarded a 100% disability rating, temporary, based on my inability to work. I stopped in to talk to the VA liason guy during a visit to my doc at an outpatient clinic and asked about following up on the claim to get it changed to permanent.

I've got all kinds of proof and copies of VA Directives stating I should receive a certain percentage, and, I was just diagnosed with fibromyalgia and a displaced hip joint after I was awarded this rating.

He told me that if I did that, there's a good chance they'll take away the 100% they just gave me so the best thing to do would be to wait until my follow up appt in 2011 and then "see what happens".

I don't know about you, but I don't like to just "see what happens" when you let the VA take charge of the situation. It's always a losing battle.

I'll try to do some research on this and see what I can find.

Laurie
 
Posts: 26 | Registered: Mon September 27 2004Reply With QuoteEdit or Delete MessageReport This Post
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Unfortunately the VA tries to negotiate down claims to speed up the process. In Virginia there are 27,000+ claims pending for various reasons. If the VA can speed up 3% of the claims then they can get to the benchmark DVA HQ has set for the time frame an avg claim will take.

Have you gone to your VA rep or to the Department of Veterans Services (the State of Virginia Veterans Claims Agents). They can best advise you. If your 100% via IU or scheduler and all you want is the 100%, then if you get it sooner, why complain. If you want 100% scheduler so you can continue to work, then I wouldn't take the offer and take your chances.
 
Posts: 5 | Registered: Sun September 23 2007Reply With QuoteEdit or Delete MessageReport This Post
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