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Supplemental Claim Approved- HLR for Effective Date?
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Willy P
Good Afternoon Team,
Short back story/timeline:
Fast forward to last year.....
I scratched some pennies together and paid for an IMO, then submitted the letter via a supplemental claim. I was awarded SC for sleep apnea at 50% within a month of the VA receiving my claim. Success! Here is the link to that process in the research forum:
So here is my line of thought...
Can I use HLR to fight for an earlier effective date, or do I have to use CUE? I mean, the VA had everything it needed to make the proper rating the first time (In-service event, nexus from the C&P doc, current diagnosis...). I have a hard time with the fact that I had to pay an outside doctor just to agree with the C&P exam doctor. Why would the rater place his/her opinion over the VA's own doctor? Shouldn't the benefit of the doubt have gone to me? From what I understand, I can't CUE the benefit of the doubt anyway.
Since I am within the appeals period of the supplemental claim, I'm thinking the easiest path may be to request HLR in order to ask them to CUE themselves on the 2016 decision. Is that possible? I'm just trying to avoid CUE if I can, since it's mainly a "last resort" type of measure.
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Willy P
Good Afternoon Team, Short back story/timeline: Left Active Duty: August 2015 Diagnosed with Sleep Apnea February 2016 (6 months later) Submitted claim in May 2016 with my evi
Willy P
Hey brother, HLR is still pending as of now, been going on 5 months. I'm not entirely confident, but I wanted to try HLR before submitting a CUE. I try to post all updates in my original th
Berta
I see my post yesterday did not go through-??? This is exactly what HRL is for- to find legal errors , and any other errors, before the decision is finalized. Asking for HRL review, and/or f
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