I have roughly one million questions but I'll try to keep it simple. This is the first time I am appealing a denied claim (though not my first denied claim - I currently have 50% combined). Almost exactly one year after my C&P exam I finally got a denial for both of my knees). I did a HLR informal conference and now my va.gov status says "The VBA is correcting an error". Here is the decision I received on Dec. 7th after the Higher Level Review (sorry I couldn't figure out how to add image) and below that are my questions.
Decision:
1. A duty to assist error has been identified during the Higher Level Review of left knee pain.
2. A duty to assist error has been identified during the Higher Level Review of right knee pain.
Evidence:
Timeline from intent to file on 10/2/19 to HLR informal conference on 12/2/20
Reasons for Decision:
1. Higher Level Review for left knee pain
The issue of left knee pain was returned for correction of a duty to assist error in the prior decision. We failed to get other records. We will develop for lay statements and if warranted additional opinions. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.159, 38 CFR 3.2502, 38 CFR 3.2601)
Favorable findings identified in the decision:
You have been diagnosed with a disability. The VA exam dated 11/7/19 showed a diagnosis of patellofemoral pain syndrome.
2. Higher Level Review for right knee pain
The issue of right knee pain was returned for correction of a duty to assist error in the prior decision. We failed to get other records. We will develop for lay statements and if warranted additional opinions. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.159, 38 CFR 3.2502, 38 CFR 3.2601)
Favorable findings identified in the decision:
A nexus or link has been established between your claimed issue and an in-service event or injury. During VA exam dated 11/7/19 the VA examiner provided a positive medical opinion linking your right knee to service.
You have been diagnosed with a disability. The VA exam dated 11/7/19 showed a diagnosis of right meniscal tear, right knee instability, and patellofemoral pain syndrome.
MY QUESTIONS
1. Am I just out of luck because I didn't seek treatment during Active Duty?
2. Under "favorable findings" it states that "a nexus, or link, has been established between your claimed issue and an in-service event". Isn't that the literal definition of a service connected disability?!
3. What is the error? What have you all seen as timelines and outcomes for this?
Thank you to everyone who takes the time to respond and post. Reading these questions/answers over the last year has been both educational and comforting.