duty to assist

[Janelle]

So I've had my claim since 2011,  I went through RAMP.... basically nothing changed when I got their decision (8 Feb 19) and 3 days later I got a letter from the VA, Evidence Intake Center, Janesville, WI stating, "We completed your request for Higher-level review, and discovered an error in our duty to assist in gathering evidence in support of your claim.  We will take action to correct our error and forward your claim to the rating activity for further processing under RAMP."  It's now 22 Feb, and I see nothing in Ebenefits or Va.gov. other than it's closed.  Is this worth getting excited about?  

[broncovet]

You should get about as excited about ebenefits as you do when you buy a lottery ticket, as both are reliable SOME of the time.  

I do think its good they "caught" the DTA error.  Interestingly, I ALSO got a Ramp decision dated Feb. 8, and there were DTA errors in mine also, but they did not catch them!  Im okay with it, it was denied, and now I move on to appeal at the BVA.  

I "think" people who opted into RAMP that were denied with either HLR or SCL will be given priority at the BVA.  At least that is what VA is telling us.  You see, most of us were already waiting at the BVA when we opted into RAMP, at least I was.  So, we got "out of the BVA appeals line" to opt into "Ramp line", so they give us back our place in line, so to speak.  

Its really nothing different or unusual for VA to deny HLR or SCL claimants..this used to be denied by the DRO.  It pretty much amounts to the same thing.  

However, on ONE of my DRO decisions I won my 100 percent rating, so Im not knocking DRO/HLR/SCL.  Even tho the odds of approval at these levels are low, its still worth doing.  In other words, even if you only have a 15% chance of winning, but you enter 10 times, your odds are very good.  I have had 18 VARO decisions so far.  

 

[Janelle]

Thanks.  Yeah, if it's still denied, I'll still appeal.