Fully Developed Claim Closed then Correcting an Error

[Kuwaitin08]

 OK, back on September 3 I received a notice that said my Higher Level Review was closed and to expect a letter regarding the decision. After about a week having not received the letter I contacted the 800 number and they said it should be there any day.

Today is September 18 and I looked on the VA website for the phone number again and I saw my status was changed from closed to the VA is correcting an error.

Does anyone have any clue what that means or if that is a good or a bad thing? I’m just looking for opinions or the off chance that someone else has experienced this.

[Bob Mourning]

My claim did the same thing. Yesterday it showed closed status and the list of issues was now blank. 

Today, it says the made a new decision and they are correcting an error. 

Does the fact that the issues on appeal disappeared, mean anything?

 

[Berta]

Hard to say BUT the HL Reviewer is supposed to seek CUEs ( clear and unmistakable error) prior to providing a vet and their rep with the formal decision. The regulations on that changed because of a letter I wrote to former Secretary Shulkin.

I made a significant legal argument for that as well as, if a vet requests a reconsideration that should stop the NOD clock.Shulkin changed M21-1MR on that as well. 

Sec.Wilkie sent my last letter to him, to my VARO-but my VARO can;t read.

His office probably just sent a copy however. In the letter I asked that HBP be made presumptive to AO as well as any stroke due to brain ischemia, in any AO veterans, to become an AO presumptive too.

Oddly enough the BVa has made a few awards for HBP due to AO based on the same NAS report I used in my letter to Wilkie. 

Then I figured based on the BVA awards, why wait for a presumptive so I filed an accrued claim on 1151 HBP ,rated by VA long ago ,and deemed "  essential" meaning the VA didn't know what caused my husband's HBP and they malpracticed on it ( part of my FTCA/1151 award) HBP,and  his exposure to AO in Vietnam has already been proven, and since " essential" means the VA didn't know the cause, the NAS report clearly reveals the cause of his 1151 HBP...... AO.

EVERYTHING any claimant needs  know about CUE is here in the CUE forum.The CUE regs have not changed since I first  used them in 2004 for a CUE in my daughter's Chapter 35 claim. They fixed that in 3 weeks.

I filed for direct SC accrued for 6 years , as my husband's surviving spouse.

However the VA has decided to start , by April 30th, considering us claimants as unpaid VA 'employees'...what I mean is read the recent Beware post.

We will, after  April 30th, have to seek CUE ourselves before a final decision can be made.

That means they have to contact us with the unfinished potential decision.

The vet orgs,VSOs, and agents are probably getting knots in their underwear over this.

Good- because many of them don't even know what a CUE claim is.

Edited April 11, 2020 by Berta

[Berta]

https://community.hadit.com/topic/78618-beware -va-executes-benefits-change/#comments

 

[Kuwaitin08]

On ‎4‎/‎10‎/‎2020 at 6:18 PM, Bob Mourning said:

My claim did the same thing. Yesterday it showed closed status and the list of issues was now blank. 

Today, it says the made a new decision and they are correcting an error. 

Does the fact that the issues on appeal disappeared, mean anything?

 

Nope. It is a waiting game now. They may want another C&P exam or just want another opinion.

[Theopolis]

Same thing has happened to my HLR.  What was the outcome?

[GBArmy]

Theopolis Welcome to Hadit. It occurs when the VA finds a procedural error in your previous claim that would result in a CUE situation if they didn't correct it. It's not a bad thing, and could be a good thing for you. So, the VA has to develop your claim more; maybe another C&P exam or an ACE review/exam. You should get a letter in a week or so. If you call Peggy, they won't tell you much prior to you getting the decision letter. Even after, you still won't get much from them. I had one where my original claim went in on a Supplement, but they denied based on it being a direct disability. I issued a HLR and they came back with a decision like you have. The letter will say that you have 30 days to submit NEW evidence; otherwise they will likely issue a decision. If nothing has changed, you shouldn't have to submit new evidence. Of course, if you do, it will delay your corrected decision. Hang in there until you get a new decision letter.