Foxhound6

It can be as confusing as it would like but as long as it means what I think it does? I am also very curious as to why one on my contentions is missing also. Had a MH claim under that same HLR but saw nothing about it

Lmao! Yes it is odd. The High level reviewer would have been the rater on this decision. However, with the DTA error, they sent it back to VARO for another exam. They want an opinion on secondary condition due to my SC knee. Hopefully it will get more clarifying after this new exam. I'll also contact my rep Monday and see what they say.

Bronco, this was just a decision they made on the HLR but it had an error and the HLR sent it back to VARO for another exam. That much I do know. But I am a little confused as you are with how they worded things.

I will upload this to the HLR timeline post I have but also wanted to get some input. Looks like my supplemental claim about the lack of secondary opinion helped get me new CP exam as this is what the error was in my claim, apparently. It seems like they may back date the EED also to my ETS, at least that's how it seems to read? Any input is appreciated. HLR Decision - Error Correction_Redacted.pdf

Congrats!!! That's what we like to see!

I am posting my timeline of my claim in hopes it helps others along with theirs in some way. I believe others have done this, including @broncovet and I always felt it was helpful. Here we go.. ITF on 9SEPT2018 for back and neck issues. FDC filed 4SEPT2019 for back and neck issues. First Denial of claim for back and neck issues on 13SEPT2019 - Denial based on the lack of nexus to service connection but did have DX. Supplemental Claim filed 16OCT2019 for the back and neck claim denial. Filed my own statement plus multiple buddy statements to support an event in service and my current limitations from former SM's and family. (Joined Hadit 19OCT2019) **Secondary Claim filed for Mental Health 1NOV2019** - Separate from the back and neck claim. I also began speaking to the attorney firm The Rep for Vets at this time where they began an evaluation of my case. Supplemental Claim denial 23JAN2020 - Denial cited the same as last denial, stating that the examiner opined that my issues were "less likely than not" due to my service and in-service event. However, I found the rater made a mistake in reading the examiners notes in the C&P exam as well as inconsistencies in the examiners opinion. **Secondary Mental Health Claim filed 1NOV2019 was approved on this rating decision as well.** Second Supplemental Claim filed 19FEB2020 - Explaining the inconsistencies in the examiners opinion as well as the misinterpretation of information by the rater in the previous denial. **Around this time, the attorney firm who had been evaluating my case had called me back and was "very interested" in my case as the rep felt I had a "very strong" case. I held off until I could provide an an opportunity for myself to get my last supplemental try on record. Supplemental Claim denial 13MAR2020 - Decision cited continuation of denial due to my supplemental claim submitted 19FEB2020 was not "new and relevant" evidence. (This baffled me to some degree). At this time, I fully gave control of my case over to The Rep for Vets firm out of Tampa Florida. (I will refer to this firm going forward as RFV) RFV submits HLR of back and neck claim as well as my approved mental health claim 8JUL2020. The HLR covers a bit of a blanket of issues but they specifically stated that I was arguing not only my denials but the denial of an award greater than 70% for my mental health including "the effective date awarded and all claims and issues that were reasonably raised by the evidence which the VA failed to adjudicate." It also goes on to request that "a total disability evaluation based on individual unemployability be considered part and parcel with the current appeal." VA initiates TDIU claim 21SEPT2020 based on HLR submission above. VA closes HLR and places it back into Supplemental lane 25NOV2020 due to a DTA error that needs to be corrected. TDIU was denied around this time as well. As of now, I am waiting to see what happens with the duty to assist error. I only know its a DTA as that what was told to me via rep on Peggy line. So I am hoping its favorable for me. I am also expecting a possible change to my mental health EED as there was a possible claim that wasn't adjudicated or was left "open" back in 2013 for my mental health. I will update this post as it develops. UPDATE** 12/4/2020 - Missed a call from QTC regarding a C&P Exam for my back and neck issue. This, I would assume, was the error they are fixing, something with the previous exam made it erroneous and now they want a new exam. I call QTC back and they say they are all booked up and are putting me on a list so when they "get more providers in my area they will call me". I guess I should have expected that considering the pandemic and all. But this would be my first QTC exam whilst having 4 VES exams in the last year. Seems odd they'd swap contractors now. In any case, I'm now on some "waiting list" until they find some more "providers in my area". I called Peggy to have the rep send a note or message that due to the indeterminable amount of time to wait for this exam, I am wiling to try VES or another contractor. See if that helps at all. Couldn't hurt. UPDATE** 12/12/2020 - Got HLR decision regarding error specifics - Seems like it may be presumptive (See attached document HLR Decision - Error Correction) UPDATE** 3/23/2021 - Finally had my C&P Exam for the HLR on my back and neck today. Felt it went well and I even had new xrays that provided great details of my issue. Possible that I may be scheduled for another exam or EMG test since my knees and ankles had absent reflex (maybe radiculopathy), but not sure on that yet. Since it was with QTC I will have to wait until QTC processes it and the VA gets it and finishes my HLR. I am hoping not too long and based on the HLR decision I already have from when they sent it for another exam, it seems like it will be presumptive as long as this examiner opined in my favor. Will update once something else changes. UPDATE** 3/30/2021 - Did a check of Ebennies and noticed I was awarded a 20% rating for DDD with arthritis lumbar as well as 10% Radiculopathy left side sciatica with my Cervical being deferred. The EED for the awarded was 2018. The last HLR decision I received explaining the DTA and new exam inferred that they could likely be presumptive. UPDATE** 4/28/2021 - Got BBE for my neck claim. Continued denied. However, this rating decision is likely even more confusing than the last one. I will update if my attorney makes an action on this or not. For now, it was confusingly denied. Have a look at the 4.28 denial below. UPDATE** 6/15/2021 - RFV sent a supplemental for multiple claims to include my neck, back, and UI claims. So far, only the neck claim has come back denied. The status stated that all had been completed but I have only received my BBE for the neck claim which was continued denied because they stated there was no medical lit to back up my neck injury as secondary to my knee as well as stating that its "reasonable to assume that leisure activities could have contributed to the neck problem due to normal wear and tear" or something along those lines. Still awaiting more BBE. Have appointment with VARO on 7/6 to try and get copies of CP exams for SSA attorney. While there, Ill ask about those BBE packets for other claims. UPDATE**---Due to length of time since last update, I will be posting the important bits in the best order I can recall. 6/15/2021 - 07/2022 - Since my last update (apologies for the time gap), I was awarded 100% TDIU P&T (90% Overall). After the last update, RFV continued to hammer on the TDIU and updating my medical records with them. I also switched oer to VA mental health due to the lack there-of in my area on civ side. Perhaps this helped? Unsure. But was my only real option. That was back around January 2022. My neck claim was continued denied and still is. However, RSV has since sent that and a few other of my issues to the BVA for Service connection (neck) and EED for others. I had a couple more CP Exams for back, knees and mental health I believe. After those, I was granted the TDIU with retro back to when RSV first filed it which was July of 2020 I believe?. It took time and lots of leg work but it'll happen. Just gotta keep pushing. Now just awaiting result of my second full attempt thru SSDI. HLR Decision - Error Correction_Redacted.pdf 4.28 denial_Redacted.pdf

Going to post a full fledged timeline of my claim and HLR in a new post. Hopefully it will help others and put the process into a better picture.

So, this may have not been accurate either LOL. I checked my Va.gov this morning and noticed my HLR is showing CLOSED as of 27NOV2020. No other details, probably will need to just wait for a decision letter or maybe they'll hold the letter until the TDIU claim is finished? Not fully sure what is happening at this point but it looks like progress so I will think positive! Correction**** I now see the error of my interpretation from my attorneys document. I believe my attorney had simply asked that "a request for total disability evaluation based on individual unemployability part and parcel with the current appeal." Meaning I am asking the VA to consider this HLR appeal for P&T and my TDIU claim. The "part and parcel" part is what is interesting. They are essentially telling the VA that this HLR appeal is a "essential piece; that which must be done or accepted as part of the TDIU claim itself". The legalese is strong with this firm lol

I received my CFile. I now see what the hold up is on my HLR. It was how my attorney is handling the two claims I have. Looks like he asked for the VA to adjudicate both my HLR and the TDIU claim I have together. I assume this was done to get them to also include my neck and back issues with my TDIU claim as I do not have them SC which is why the HLR is in to begin with. It will make more sense to read it. Here is a quick redacted snippet of my filing.

I have a VA approved attorney (Rep for Vets, Harry Binder) out of Florida. In my experience, and it sounds similar to others, it can be difficult to get in touch with your paralegal that assists just due to their workload. My attorney can access my claims file from their computer from what I understand. As far as them giving you a a copy, I don't know if they can do that electronically. I believe they'd have to request it just they same. The attorney should work your case if they have a stake in it (usually 20% of retro). The best way to expedite your claim is to timely return any and all items requested by your attorney. I have been able to overnight return everything requested so far and that alone as sped along the work done on my case. As far as requesting it, I believe there is a thread around these forums which describes how to request it. I will see if I can find it and link here. I just got my CFILE after waiting about a year and having a congressional inquiry sent in. Once I did that, I had it 30 days later. A lot of the process is waiting, unfortunately.

Just a quick question...I just received my C-File via CD. Upon skimming thru it (I will do so a third time to be sure), I did not see any of the "Statements in Support of Claim" documents I have submitted. However, a recent denial showed them as items used as evidence by the VA. Is it likely that my C-File sent to me just did not get those specific documents added to my CD? I would like to think it was just missed on my CD as it has been shown on evidence list of denial. Just wondering. Thanks

I would submit it with what you have. Mine was granted the same way. Secondary to knee. They sent me to a C&P and apparently the doc opined in my favor and was granted. Took about 3 months from start to finish. Im waiting for my CFile to arrive in mail to finally see what was actually said, a year ago now lol.

Good topic. I also believe many vets just have a general "taboo" feeling about admitting SI. I break them down into two categories as I have been thru both types... The first is the obvious, the thought and planning type of thoughts. The other is the type where its not a feeling of you wanting to do harm to yourself but rather you're fine if you just weren't around anymore. Both are forms of SI. Just because you don't sit there and dwell and plan doesn't mean you don't have those ideations. Self-awareness is the likely the best help you can give yourself. The honesty follows.

Same here.my VA attorney filed my HLR on July 8. Nov 8 will be the 4 month mark. It is also "ready for decision". I figure though with HLR, as soon as they receive it and assign it to someone, it transfers to "ready for decision" as that's all they have to do, review and make new decision.. So I have no real idea how far along it is. The good news for me now is that the VA finally finished my C-File request from January (a few weeks after my state senator sent a congressional inquiry to the VA in regards to that request) and it should at least tell me what I need to know on my case including what the contentions were for my HLR specifically.

That is interesting. I am currently at 80% and have claim in for IU now. My Rep firm used a psych questionnaire for my doc to fill out and at the end of it it asks the doctor directly if, in their opinion and based on the evidence reviewed, did they feel I could maintain substantially gainful employment. He said no. Will see how that plays out. Have CP exams for both my SC issues so am a little nervous about that but it is with VES and my last claim had success when I had an exam with them so not all hope is lost lol

I requested mine January of this year, still waiting. Contacted my Congresswoman here and they sent a request also. Have feeling it wont do much good either

For us, this is a given...He does work with the DAV already in a small capacity outside his normal work, but he intends to try and do more within the DAV, possibly help in some way with claims in addition...but they also wanted to thank all of you.

Just wanted to share this with everyone as I prefer to give credit where it is truly due: After I won my recent claim, with this forums help for my mental health my brother-in-law, an Air Force vet, began to look at his mental health more seriously. With guidance I received via these forums, I helped by advising him on how to develop his claim and he submitted everything on Jul 1 2020. Today, he received a lump sum deposit from VA. Upon later review of his VA.gov account, it had been updated to reflect his mental health as secondary to his current back claim and was awarded 70%. Bringing him to 80% combined (30% for back). My sister and her family are greatly appreciative of everyone here who has contributed to the forums, as I explained to them where my new found knowledge had come from. You guys are the real helpers!

Hopefully I did not come across as this..lol I am just not a fan of being shut out of comms, especially when I need to know something important, such as, do I sent certain documents to them or just submit for them when it is time sensitive? I'm not calling to ask them what about this or that, I'll discover all of that once I get letters. Not so much about hand holding for me. Never had an attorney before.

@broncovetI see what you did there You're right, we should post it again, and bold. Going thru mine now and I may end up wishing I went to the BVA to begin with. Time will tell. Keep fighting @shrekthetank1

I understand. However, I do know that the HLR cannot reduce rating just based on a difference of opinion. They can only reduce that rating if there was a CUE on the claim that would have been rated differently otherwise. So, while I am not too worried about that per se, I do have that fear in the back of my mind that they find a bone headed error that helped me get my rating and then they could change that based on CUE.

Called the Peggy line. My HLR is in decision phase now so we will soon learn what the verdict is on this thread and my other one. Crossing fingers...

@broncovet Thank you for that. Yeah, this is my first time going with an attorney and its been more different than I thought. Not being included in whats happening with that claim is just something I have not gotten used to yet. I understand. I am being patient with them. I don't call much either, so I don't bug them per se, I am very respectful and cordial. However, one issue I worry about is that I had an exam request canceled by the VA, per them, for my IU claim but I have VES calling for an appointment. The item requested are just telling me to get my previous employer form done and returned so they can proceed (VA 21-4192). So I have contacted the attorney to ask for clarification. Waiting on them before I commit to something that could negatively affect me.

Congrats! Im thankful you shared that info. I have an attorney now, Rep for Vets out of Florida, Harry Binder. I am wondering if maybe he found all that when he reviewed my case. Im praying he did anyway LOL. That would be a welcomed surprise for me and my family right about now... If he did catch it, he will have earned his 20% in my book. UPDATE: I called Peggy this morning (10/2) and my HLR is in the decision phase so perhaps we all will know soon enough.

Sorry, wasn't sure how to phrase it to start. Essentially, I won my MH claim not long ago (2019). Got attorney to help me finish my back/neck claim and do IU. They filed an HLR for my denied back/neck claim as well as my recently won MH claim (they did not help me with that claim at all). This is related to my series of posts about my C&P exam I found and you have been commenting on. EED is now a contention I have for my MH claim. It is entirely likely my attorney picked up on it as well and just rolled with it. I could just be late to that party lol. Im just trying to ascertain why they filed on my MH claim as well. If just for a simple increase, I don't see why he wouldn't just let the IU do that part. I feel like maybe he saw something. Ive been trying to see what he submitted on the HLR form but I cannot see it in my documents. Probably mailed it in. It is difficult to contact the paralegal POC I have and she doesn't seem the most knowledgeable.