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VA found an error in their duty to assist

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Kuwaitin08

Question

 I just received a letter regarding a higher level review that says the VA has found an error in their duty to assist.  Has anyone else ever receive that letter? If so, how’d yours turn out? I have received many letters from the VA but nothing like that one.

Still waiting patiently…

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  • HadIt.com Elder

Kuwaitin08

Here is just my opinion on this

I believe a Senior Rater as found an error and has taken your claim back to the regular rater to correct it   the regular rater will hit the back button (erase what he had written and correct the error , usually in this case  the error will be in your favor, you won't know until you get your decision   if its not in your favor  then welcome to the Appeal line where most of us have been. but hopefully its in your favor and don't go to remand.

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  • HadIt.com Elder

Read this

38 CFR § 21.1032 - VA has a duty to assist claimants in obtaining evidence.

They are required to assist in many ways, the letter should tell you what they failed to assist you with and rather or not it makes a difference in your decision

Look up the CFR 21-1032 and read all the provisions 

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I’ve read the CFR, I’ve just never actually heard of the VA admitting to an error on their end. 

 The letter doesn’t say a thing about what they failed to assist with. I will post a picture of the letter later today or tomorrow.

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  • HadIt.com Elder

Kuwaitin08

I think we will all be interested in seeing the letter and in what context they said it.

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  • HadIt.com Elder

Well if your in the HLR  then your out of luck as for as submitting new & relevant evidence  that's not allowed to do IN HLR  (Higher Level Review)

This is what it sounds like to me..if they used evidence you submitted after filing your HLR   that's the error.

Hope I'm wrong.?

Maybe they failed to assist you in getting your evidence and that's the error ? in that cases your safe.

This is why most of us are against using the HLR.

And use the Supplemental  Review  Lane

Edited by Buck52
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