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In August 2020, I filed a HLR for heart attack and was just called by a DRO. The DRO indicated the decision was in error because it was based solely on the wrong condition (atrial fibrillation) and did not address the heart attack at all. They will go over everything, including the strong "more likely than not" IMO from my non-VA board certified doctor. They said they would try to grant based off of the evidence of record. Of course, if granted, I would get another heart C&P for rating purposed. Should know something within the next couple of weeks.
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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
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HLR Error Decision
Foxhound6 posted a question in VA Disability Compensation Benefits Claims Research Forum
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 -
Hello all. This is my first post on here. Looking forward to learning as much as I can from all of you and sharing my experiences. I was recently awarded 100% disability with SMC-S. I believe my lawyer wasn't satisfied with the outcome because the claim did not have any back pay. Meaning there was no payment to them. I understand that. Everyone wants to get paid for their work. It took 2 years of work and they received no payment. They filed for a HLR to raise my PTSD rating from a previously denied decision almost 3 years ago. I was rated 50% 3 years ago for PTSD and they're try
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Good Afternoon, I know the time frame for a HLR is normally about 4 months (they state on their website 125 days), however, I am wondering if anyone has filed a HLR since they opened up the VA more in August? Just wondering if there is a huge backlog now. I have mine just sitting there since September, and no status change, even though I was thinking it would be until January, but, as most others have said, still checking often to see if there has been any updates! Thanks!!!
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A higher-level review of your claim was conducted on ..., the issue of degenerative disc disease, lumbar spine (claimed as back), was returned for a duty to assist error. The decision review officer (DRO), returned your claim for the additional medical examination and opinion to answer the question of wither [whether?] the Veteran's claimed condition which existed prior to service was aggravated beyond its natural progression by the claimed condition ... Problem is that the Veteran's claimed condition is "Service connection for degenerative disc disease, lumbar spine (claimed as back) as
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HLR call about case, will I be taken care of?
kanewnut posted a question in TDIU Unemployability Claims
Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C& -
Updated as of 2020-08-27 (at the bottom of my original post) How long does a higher level review/CUE take? I initially called the 1-800 number and they said supplemental reviews are supposed to take less than 125 days, but they were not certain about higher level reviews. The agent speculated they could take a year or longer. This post was changed to track my claim as it made it's way through the VA system. This may help other veterans understand some of the inner workings of what goes on behind the scenes. Why am I calling this HLR/CUE and not just CUE or HLR? At the time the
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HLR of a won claim
Foxhound6 posted a question in VA Disability Compensation Benefits Claims Research Forum
So anyone who utilizes an attorney or VSO might be able to chime in here. I am curious as to the benefit or reason you would HLR a claim that was won? Quality assurance (LOL)? Do HLR usually require a contention of something to file it? -
Anyone have an idea what the following means? notification letter starts off like this: VA completed your request for Higher-Level Review received on May 4, 2020 and identified an error in assisting you in gathering evidence to support your claim in each of your claimed conditions. VA will provide you notification of the evidence we will obtain to address these errors under a separate cover.
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Need your all's opinion on this. Just had my HLR closed for 2 claims. - Originally Submitted on April 16th as an HLR. (not gonna back track the whole story with NODS/Supp claims for last 3 years). - Closed on September 3rd (Thursday before Labor day weekend). - Says VA "HAS MADE A NEW DECISION" - On details tab is says "Compensation Issue" for both Claims. - Nothing has been updated on EBennies and VA.gov sucks at giving any more details. - What do you all think? Thanks
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The CUE I submitted last year was denied in January. I submitted a HLR asserting a CUE contention that the VA failed to properly apply functional loss/impairment per 4.40 and 4.45 and award a rating higher than 10%. The HLR denied CUE occurred, again relied solely on the maximum ROM, but made no mention of my contentions that functional loss/impairment per 4.40 and 4.45 were not properly applied. Initial exam This exam was a crap shoot, but at least they were able to confirm it was in the record. A reasonable person would have used objective math to divide 35 mm by 2 resulting in
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Hi, 130 days for Higher-level review currently, but my VSO had the HLR informal conference talk with the higher level reviewer on 7/24/20. Anyone have knowledge of the typical timeline after the HLR is conducted? VSO said " We did have a two way conversation; but you know the deal; she sounded very positive about service connection but could not come right out and say it!", so i'm hoping the outcome is as good as he made it sound! Thanks.
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HLR 131 days and my informal conference was a few days ago. An error was found, as attached, and they say my new decision/% is addressed in the paper, but my vso was able to see the paperwork and it shows nothing. So my HLR worked and found there was a clear error. I hope the same outcome for others.
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HLR 131 days and my informal conference was a few days ago. An error was found, as attached, and they say my new decision/% is addressed in the paper, but my vso was able to see the paperwork and it shows nothing. So my HLR worked and found there was a clear error. I hope the same outcome for others.
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Yesterday was 125 days of my higher-level review being submitted. I know they say it's an estimate, but the average days complete and pending in Dez Moines are 73 and 66, so i'm confused what's taking so long. The past 2 months have been A senior reviewer is taking a new look at your case. I originally submitted all needed paperwork per cfr 38 and all was favorable from both sides. Anyone have experience with this or why it is taking much longer? COvid seems hard to believe since they are working from home. I still receive the rest of my normal va operations as if they were open. Thanks.
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Higher level review TDIU
Mikeoif posted a question in VA Disability Compensation Benefits Claims Research Forum
I filed for tdiu and ptsd claim in Oct of 18, I didn't have all my medical files lined up and was given service connection for unspecified anxiety at 30% in March 19, and denied tdiu for failed scheduled rating needed and they mentioned that I had work experince and helped for a year with my niece , weird mention in the paperwork for why tdiu was denied but whatever. So I filed supplemental claim in april and had a highly regarded univeristy brain department and psychiatrist department diagnosis me for ptsd as a referral from the VA. So boom got another c&p in June and was given 70 % ratin- 1 reply
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