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VA found an error in their duty to assist


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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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The HLR process involves (supposedly) more experienced employees. Aside from directly accepting new evidence, they are supposed to actually try and identify any errors made to date by other VA employe

July 26 is when it was submitted and got an update Sept 3.

Lord only knows how long it will take from this point.

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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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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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Kuwaitin08

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

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