VA found an error in their duty to assist

[Kuwaitin08]

 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…

[Kuwaitin08]

I never submitted additional evidence at all. That’s why am confused.

I’m just wondering if the first rater messed something up or overlooked it.

[Buck52]

Well maybe the error is in your favor? and forgot to send you a letter stating they are gathering your evidence  or something like that? call the 1-800 check the status  and ask them about this?

[Kuwaitin08]

I hope so. I called the 1-800 and got the generic answer... They are working you’re claim and will mail a decision. They said they had no other information besides what was on VA.gov.

[Kuwaitin08]

Here is my VA.gov status... 

See attachments.

[Vync]

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 employees. Fortunately for you they found one.

As far as what happens next, I assume they might return the claim to you and tell you to file a supplemental claim or they might pass the claim over to the supplemental claim lane (saving you the effort) and request additional development.

If any of your claim involved going to a non-VA doctor, you can expect them to send you release of information forms to fill out. If it was service treatment records only, they will go ahead and use that evidence instead.

[Vync]

@Kuwaitin08 From the time you started the HLR lane, how long did it take for them to get back to you?