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Army57978

Can I point out error on HLR form?

Question

As mentioned earlier I was granted sc at 0% but this directly contradicts the VA rating schedule and other VA decisions for my injury. I am going to appeal for a higher rating and dont need to submit new evidence but am wondering if I can point out the error. I want to include a page detailing out why the dro decision is wrong. I know I am supposed to get an informal call from the HLR where I could state this but I would like it in writing. Do you think this would mess up my appeal? 

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Here's the HLR form. One cool thing is you can request an informal conference call with the reviewer.
https://www.va.gov/decision-reviews/forms/higher-level-review-20-0996.pdf

You cannot submit any evidence. However, it doesn't say that you are not allowed to point out any errors which were made in a prior decision. I submitted an HLR/CUE and under specific issues box 15, I listed error on rating for {disability}, please see attached explanation of errors. Then I attached a supplemental statement of claim which explained the error.
 

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Great, thanks. That's exactly what I wanted to. Point out the obvious error made in awarding the rating. I'm going to submit it today. 

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52 minutes ago, Army57978 said:

Great, thanks. That's exactly what I wanted to. Point out the obvious error made in awarding the rating. I'm going to submit it today. 

Good luck!

The way I see it is why do they offer an informal conference call? So you can tell them what errors they made. Could just do that in writing up front and still have the call so you can get a feeling of whether they agree on not, and possibly why...

 

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2 hours ago, Vync said:

Good luck!

The way I see it is why do they offer an informal conference call? So you can tell them what errors they made. Could just do that in writing up front and still have the call so you can get a feeling of whether they agree on not, and possibly why...

 

How far along in the process are you?. I have seen some timeframes of 2 or 3 weeks. I dont plan on that happening for me but I can always hope!!

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18 hours ago, Army57978 said:

How far along in the process are you?. I have seen some timeframes of 2 or 3 weeks. I dont plan on that happening for me but I can always hope!!

I mailed my CUE return receipt and they received it around September 24. I also faxed it the same day I mailed it, to cover my bases. It did not get inserted into va.gov until early October. I saw nothing and called 1-800, they sent an IRIS request, and I got a call from a lady at the VARO telling me they inserted it into the system. As of a couple of days ago, it is being worked by the Houston VARO and they requested medical records from my VAMC. I know the lady at the VAMC who works those requests and called to learn they have 20 business days to turn the request around (just like anything else). It currently has an estimated completion date of April 2020. Once they get the records, all they have to do is read two C&P exams and verify the errors I pointed out. No idea if it will really take until April 2020 for it to be completed.

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