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VA found an error in their duty to assist

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Kuwaitin08

Question

 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…

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I would hate to tell you to start a new claim if you already have one in the works.  You would lose your effective date.  If you have an IMO this is great to take to the BVA.  Asknod says that an IMO at the BVA gives the BVA every reason to grant.  You have negative evidence and positive evidence and the BVA will side with the positive evidence.  I know that the BVA is a long wait sometimes and should not be but it is your best bet to get out of the Regional hamster wheel.

If you want to get some decisions sooner request a supplemental and add your new evidence.

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OK I have a new update. My higher level review was partially closed today. I was approved for migraines at 50%, tinnitus is at 10%, and Gerd at 10%. I was denied for sleep apnea and I have two additional things pending.

My higher level review date was July 26, 2019. Thank you for everyone’s help. I know I’m annoying with all of my questions and worrying. All of that bumped me up to 90%.

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