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Just about ready to submit HLR
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JKWilliamsSr
I have some questions before I submit my HLR.
The document pointing out the errors is so far 38 pages long. Not because there are a ton of errors but that the same errors were repeated. For example they denied an increase for my left knee and right knee under seperate decisions. What I did was listed the left knee decision and pointed out they did not apply Deluca, Mitchell....etc. Then I listed the right knee decision and listed the same things,. I did it that way because I did not want to give them an excuse saying that I did not say I did not point an error out. For example I did not want them to say I pointed Deluca for the left knee and did not do so for the right knee. Also my IME separates each disability. My IME warrants different percentages for the right and left knee so I thought it best to keep them separated.
There are some things I am pointing in my HLR and did not know if it would have any value. It deals with the VA being required to state the reasons for explaining the reasons they did not consider or give my lay or medical evidence at all or gave minimal weight. For example I found 9 precedent setting CAVC cases that state the the VA is required to supply a reason for why they rejected lay and/or medical evidence. I included this in my HLR. My thinking it is important to included it because if they decided to deny my HLR it shows them I know the requirements in case they try to not included it in my statement of case.
Here is an example of how I know with absolute certainty the did not consider my lay evidence. In my denial for diabetes the rater stated that I did not claim obesity as the reason for my diabetes. That is completely wrong because my VA Form 21-4138 that is submitted my statement clearly states that I using obesity as an intermediate step to my diabetes claim and I even submitted the VA OIG document that states it can be used. That alone tells me they did not read my evidence.
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vetquest
I agree with Vync on brevity. If I was going to submit a document that big I would have a first page that summarizes the thirty or so pages. I have seen where if you present too much evidence to the
paulstrgn
Your best chances are one page, think of the first page as "Cliff Notes". Let it be your talking points covering all the documents you are submitting. Don't count on them reading everything, they will
Vync
I prefer brevity because someone at the VA will have read it. I prefer to make things as easy as possible for them, short of submitting my request in crayon. I listed mine out my each claimed dis
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