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jvroberts13
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jvroberts13 reacted to Buck52 in Why has my HLR not moved to Supplemental after DTA error identified?
In an effort to streamline the very lengthy disability appeals process, VA implemented the Appeals Modernization Act (AMA) in February 2019. Under the new system, VA's goal for issuing decisions on appeals in both the supplemental claim and higher-level review lanes is 125 days.
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jvroberts13 reacted to Buck52 in Why has my HLR not moved to Supplemental after DTA error identified?
You will likely be approved for your claim just be sure they don't low ball your rating check the rating critera for what your claiming also if you have dependents be sure they know about them. its waiting that is going to be rough.
Example
MH (PTSD) has critera ratings for the No. of and the severity of symptoms you have from 10% 30%50% 60% 70%100% Depending on what the C&P EXAMINER Checks in the DBQ.s
If your claiming other disabilities then look up the rating critera for those and the rating code to see what you should be rated...if they low ball you you can appeal and get what you deserve.
they may rate you on one disability and use another disability condition as secondary to a condition you already have service connected.
so watch out for both rating criteria and the dates they use.
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jvroberts13 reacted to Buck52 in Why has my HLR not moved to Supplemental after DTA error identified?
Roger that
The erros could be that you had showed your evidence in your records and they failed to assist in getting those records, this is why its very important for us to include our favorable records including reports from the C&P Examiners IN THIS CASE IT LOOKS LIKE THEY FAILED TO READ THEM AND WAS QUICK TO DENY.
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jvroberts13 reacted to Buck52 in Why has my HLR not moved to Supplemental after DTA error identified?
Yes most likely they will now due to you choosing the HLR, After you were denied is when you should have by passed the HLR And went straight to the BVA ..why was you denied ? that will help us help you if we know why the denied you in the supplemental Lane
but with errors it depends on what they are most likely the failed to the duty to assist you get those records and if it changes the outcome they should CUE themselves. and give you the proper rating & back to date they first recieved your claim when you first filed. or your EED (EARLIER EFFECTIVE DATE to your claim.
which means retro $$$
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jvroberts13 reacted to Buck52 in Why has my HLR not moved to Supplemental after DTA error identified?
The Initial claims process starts off as you filed the Supplemental claim and was denied ON 9/24/20
then you filed the HLR 10/02/20and its in holding most likely because of the errors and their trying to figure it all out due to these errors
you might wait and see what the decision is on that? BUT and it could take awhile.? THAT WE CAN'T ANSWER?
It's better in my opinion after you Were denied you should have went straight to the BVA.
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jvroberts13 reacted to Buck52 in Why has my HLR not moved to Supplemental after DTA error identified?
I agree with shrek about the errors
you 'mention ''Sorry, I should have clarified. I went through the initial claims process and was denied on 09/24/2020. I then filed for an HLR on 10/02/2020
The HLR is just a review of your claim from DRO * senior* (Decision Review Officer) and most likely will be denied again. Remember we can't add new evidence in the HLR Process.
If I was you I'd head straight to the BVA. & Not waist precocious time.
But you may want to see what they do about the errors, call peggy and ask her to check the status of your claim in HLR.?
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jvroberts13 reacted to ShrekTheTank in Why has my HLR not moved to Supplemental after DTA error identified?
Ok so they found two error, so now it is their duty to assist you on both of them. How they work them is totally up to them. They could work them together or they will work them one after another in-between other work they have. Unless they combine the two, then they will not be worked together.