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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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  • HadIt.com Elder

Kuwaitin08 Conrats! Nice. 90% ain't easy. 100% is better but not that easy at scheduler. Don't be discouraged but be pumped! SA is not easy to get on the first go round either. With 2 others pending, get your decision to determine next step. SA could get you a 50% if you won that on appeal; do your VA math. If you won that, would that get you to 95% and therefore 100%, or would you round down to 90%. You also have the other two pending decisions too. Get more facts to figure your next steps. Again, nice job.

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  • HadIt.com Elder

BG Army is right on   file the S.A. claim  or Appeal it,  if your prescribe a c-pap machine medically to use  that is an automatic 50%rating   if your s.c. for S.A. ??

It depends on how bad they rate your S.A.? it can be 30%  but with C-pap that increases to 50%  if you have severe S.A. that can be a 100% rating and would open the SMC Door.

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I received the same notification during a HLR.  The VA had made their Decisions on some of my claims without ever having a medical exam done on those issues.  Then I received a letter of denial of all of the claims, and the HLR official even took one of the previously granted claims away from me.  Then I was sent a bunch of medical evaluation appointments without even contacting me by phone.  A few weeks ago, I submitted an appeal of the denials made by the HLR.  All in all -- the HLR process was horrible and completely biased (no surprises there).  I'll try to continue my fight in the normal appeal channels.  Good luck all!

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