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]

Status update:

I have received notification that I have to go for two different examinations. The first is on October 22 and the second is on November 1. These examinations will assess me for Gerd, sleep apnea, headache/migraines, and tinnitus/hyperacusis. 
 

[GBArmy]

Kuwaitin08 Does it say which exams will cover on each day; or did you call to find out? There are a lot of things they will be checking symptoms on for that many disabilities.  Again, I would suggest to look over the dbq that applies to each disability and also see what the different symptoms lead to higher ratings so you will be a little more at ease. If it is an outside contractor rather than the VA, ask them also when/how you can get a copy of the results.Good luck.

[Kuwaitin08]

My letters said what exams are on each day. Day one is for migraines, Gerd and sleep apnea. Day two is for the hearing issues.

[Kuwaitin08]

Another update: 

Today I completed another compensation and pension exam. I went in with all of my paperwork for my claims and I believe I did very well. I am very glad I brought my paperwork because she stated she had none of my records in support of my claim. My examiner was nice enough to tell me that she absolutely believed that all of my issues were service connected.  She was also very impressed with me bringing all my documentation with me and said she has never had anyone do that before.  We will soon see how my HLR turns out.

Let this be a warning to anyone who uses the Higher Level Review and has to do another C&P exam. Always bring copies of your relevant paperwork in support of your claim to the exam. Take the time to get it in chronological order and separate it into each medical issue. Had I not brought my paperwork in support of my claim she would have had zero evidence and only had my word about my issues. 

[HaynTaco]

So I applied for HLR on 22 August.  I received a call and stated my case about 2 weeks later.  Then, 3 days after the call the case was closed.  Next day it was reopened and said VA is correcting an error.  I have no idea what to think.

Latest update is that they ordered a medical record review.  That was about 3-4 weeks ago.  Now I wait......no idea if they are tying to raise or lower my current benefit of 30%.  

I currently have a 10% rating for pain in each knee.  They gave me a 10% non service connected rating for each ankle because it was never documented in my medical records.  I filed for a review because I believe the ankle issues are secondary effects of knee problems.  We'll see what they say.

Any thoughts?

[Kuwaitin08]

For me they sent me for another exam after about a month of reviewing medical records. I guess when they say they are correcting an error it means that they didn’t fully do everything to assess your concerns. 
When they finally schedule your next exam make sure you bring all documentation that helps you prove your point. Don’t be afraid to really sell your injuries. I am not saying lie but I do mean fight for what you think you have coming. Have all of your ducks in a row and make it look like you know what you’re doing. That seemed to do a lot for my reviewer.

Please keep us up-to-date on what is going on. I’m always looking to find out how everyone else is doing so we can all learn from each other. Good luck.