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…

[Heatherta4]

On 9/30/2019 at 11:58 AM, Buck52 said:

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

I might be one of the few, but I had a great experience with the HLR lane, more than I did with the supplemental. I talked to someone, gave specific dates and information from my file that was overlooked. They increased one of my issues and found an error with the others that necessitated an exam. I had the exam and am waiting to see what the VA decides based on what the Dr said.

[Buck52]

Heatherta4

This is good but no two claims are ever alike, I hope you get a favorable decision.  

I just don't like the HLR because no New Evidence is allowed if you needed it.

So the HLR Claim needs to be spot on with no errors and the Veteran must have all his/her evidence submitted at the time of  submitting the claim . kinda like the FDC Claims  but can't add any new and relevant evidence.

Would be Interesting to see what they decide on your claim?  if they had your claim and never sent you to an exam  but later found you had no exam?  and then sent you to  the exam & this is good.

[Heatherta4]

I 100% agree that no 2 claims are ever alike and I'm not going to say my records were spot on either. I initially filed upon retirement in May 2017, asked for reconsideration in November (led to several exams), filed a supplemental in March 2019, then filed an HLR in July 2019. I just was able to point out specific dates where the reviewer said I had no evidence. The other issues I had 3 exams for - if you want to call them exams - I spoke with a Dr but never physically examined me. So that was the Dr error and why they asked for a new exam that required a full exam.

One issue got increased to the full amount allowed for it (migraines).

In my personal opinion it was the best option for me (the HLR) because I could point out areas where there was evidence and even in the past exams what I had stated the issues. And if it comes back negative, I can always go back and do the supplemental with letters from my current Dr and buddy statements. But if I know something had been overlooked in my records, I would go the HLR route and ask for the informal conference so you can point out those dates to the reviewer.

Even if they deny the issues that I had the exams for, I do not regret taking the HLR route.

[Vync]

4 hours ago, Heatherta4 said:

I might be one of the few, but I had a great experience with the HLR lane, more than I did with the supplemental. I talked to someone, gave specific dates and information from my file that was overlooked. They increased one of my issues and found an error with the others that necessitated an exam. I had the exam and am waiting to see what the VA decides based on what the Dr said.

I also had good results with the HLR's predecessor (DRO). However, before the system changed you could actually introduce new evidence at a DRO meeting. I guess they got tired of doing that and decided to force those responsibilities over to the newer reps in supplemental lane.

[Kuwaitin08]

I contacted the VA today and received some information. Apparently they are revisiting the migraines and my Gerd. Apparently both have been sent to an independent physician for review because of their failure of duty to assist. I’m not sure if that is good or bad but I guess we will soon see.

Thank you for all of the replies. I’ll definitely keep all of you informed on what happens.

[Heatherta4]

40 minutes ago, Kuwaitin08 said:

I contacted the VA today and received some information. Apparently they are revisiting the migraines and my Gerd. Apparently both have been sent to an independent physician for review because of their failure of duty to assist. I’m not sure if that is good or bad but I guess we will soon see.

Thank you for all of the replies. I’ll definitely keep all of you informed on what happens.

I'm glad you got a response as to what the 'correcting an error' meant. My migraines is the one that got increase during the HLR. In my experience it's good to have an physician review your records (that has always created a positive outcome for me at least).I really hope you get a good result!