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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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VA found an error in their duty to assist


Go to solution Solved by Buck52,

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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In my case scenario I was rated 90% and 40% pushed me to 95% which VA rounded up to 100% scheduler.

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BG Army is right on   file the S.A. claim  or Appeal it,  if your prescribe a c-pap machine medically to use  that is an automatic 50%rating   if your s.c. for S.A. ??

It depends on how bad they rate your S.A.? it can be 30%  but with C-pap that increases to 50%  if you have severe S.A. that can be a 100% rating and would open the SMC Door.

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I received the same notification during a HLR.  The VA had made their Decisions on some of my claims without ever having a medical exam done on those issues.  Then I received a letter of denial of all of the claims, and the HLR official even took one of the previously granted claims away from me.  Then I was sent a bunch of medical evaluation appointments without even contacting me by phone.  A few weeks ago, I submitted an appeal of the denials made by the HLR.  All in all -- the HLR process was horrible and completely biased (no surprises there).  I'll try to continue my fight in the normal appeal channels.  Good luck all!

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