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…

[HaynTaco]

Will do. Hopefully they just look at my records and make a favorable decision without another exam. They’ve already determined I have a disability, they just haven’t called it service connected. 
 

So I’m hoping they just use some common sense and realize that ankle and shin problems are secondary to knee injuries. Wishful thinking 

[Kuwaitin08]

If it said “failure in duty to assist”, you’ll prob have another examination. Make sure you have your stuff ready and be ready to prove your point. Re-evaluations can go bad as often as they go well. Be prepared! 
Good luck!

[Kuwaitin08]

Another update…

I spoke to the VA today and they stated that it typically takes about two weeks but can take longer to receive and process any documentation that comes from veterans affairs contract examiners. I also found out that when you are examined by the VA examiner you can access your examination paperwork online three days after it was done. What is bad is it does not work the same way with a contracted examiner. You must specifically request that paperwork from the department of veterans affairs. It will never show up in your paperwork online. 
 

The Veterans Affairs rep stated that upon completion of all scheduled examinations I should receive some kind of notification within two weeks. He said that is the current time frame but of course there is no guarantee that will happen.

[Vync]

Might be a good suggestion to place to the White house VA hotline. Call and let them know that the contract examiners should place the findings directly in your online accessible records as soon as they are completed. It would save lots of time for us and the VA.

I had a couple of C&P exams earlier this year at the VAMC. It took about 10 days each time for the records to show up in my online records. When I read them, they were jacked up and partially incomplete. The examiner waited a week to write the report and submit them. I received no notification of any kind for each of them.

[Kuwaitin08]

My final C&P exam was completed yesterday and I have to say I’m less than impressed. I had brought paperwork in chronological order showing the onset of both issues within a year of active duty and all treatment records but the audiologist refused to even look at them. These were the documents that were overlooked by the initial rater. 

I have a feeling I’ll be screwed again. The whole scenario sucked.

We’ll soon see. Peggy says typically 3-4 weeks for a decision from here.

[vetquest]

I hate to say this @Kuwaitin08, but it sounds like your case is ripe for the BVA.  I had to practically beg for my case to go to the BVA when I was getting a run around by raters not reading all of the evidence.  I went to the BVA, it takes a few years, and the BVA called out the raters for not reading and weighing all of the evidence provided.  It is sad that raters do not do their jobs and properly adjudicate cases correctly.  Yes, they are making quick decisions but at the sake of accuracy.  I waited ten years before my case was finally completed but I got a fair hearing.