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]

21 hours ago, Heatherta4 said:

After I had my informal conference from my higher level review, they found a duty to assist error. They requested another exam for those issues which was completed later that month. I'm still waiting on the verdict from that exam. Hope you get good results from whatever happens.

Now that you received the letter, you can call the VA number and ask for a status update. They will tell you if an exam has been requested.

I hope so too! My original migraine claim was denied but it was the one thing that I had the most evidence and treatment of. It is the thing that affects me most. Almost one a day and prostrating migraines 3-4 times a month and progressively becoming more frequent. 

Thanks again for the feedback.

[Heatherta4]

1 hour ago, Kuwaitin08 said:

I hope so too! My original migraine claim was denied but it was the one thing that I had the most evidence and treatment of. It is the thing that affects me most. Almost one a day and prostrating migraines 3-4 times a month and progressively becoming more frequent. 

Thanks again for the feedback.

I feel you on the migraines.  I'm on a daily medication and I still have a migraine a week at the minimum. But I take that over every day. I hope you get that rating for them. 

[sphynix06]

I received a letter like this 2 weeks ago. Mine stated that I was being sent for an exam next week for migraines. Note this is the third exam I have had after 3 denials. My initial claim and exam was for migraines 2/2 PTSD and/or head trauma. But this time I am being sent to a QTC examiner where they would determine to what extend my migraines are due to my service connected OSA because the HLR examiner noted that my 2017 VA medical records show complaints of headaches when waking up due to excessive snoring. So, I am guessing that I should focus more on the migraines 2/2 OSA relationship since the letter seems to be pointing me in that direction.

[Kuwaitin08]

I wish you the best of luck. Make sure if you have them at least to bring the previous exam results and show them a specific parts that will back up your claim. They will have copies but it’s always nice to be able to show contradictions and admitted findings.

 The more I deal with the VA it seems the more unwritten procedures I find.  In their defense it would be a pain to develop policy for every single scenario. 

Please let us know how it turns out for you. I would definitely be interested as wood many on here. If we know how things roll we can pass on the information to others.

[Kuwaitin08]

 So just an update…  The VA is still working on reviewing my paperwork for migraines and Gerd. However the VA has dropped the ball on my hyperacusis. To this day I have never had an appointment to be evaluated for that and the VA has no intention of making an appt.  so it looks like I will be filing yet another appeal when a decision is finally made on my HLR’s.

 Has anyone on here ever been granted disability for hyperacusis? 

Edited October 8, 2019 by Kuwaitin08

[Vync]

20 minutes ago, Kuwaitin08 said:

 So just an update…  The VA is still working on reviewing my paperwork for migraines and Gerd. However the VA has dropped the ball on my hyperacusis. To this day I have never had an appointment to be evaluated for that and the VA has no intention of making an appt.  so it looks like I will be filing yet another appeal when a decision is finally made on my HLR’s.

 Has anyone on here ever been granted disability for hyperacusis? 

Not me, but there might be a reason why they didn't send you to an exam. If it is claimed as a secondary condition, they should have sent you. If it is for direct SC, they may not issue a request for an exam if your service treatment records are silent for the condition. Would not be surprised if the VA screwed up.