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HLR closed without taking care of duty to assist error corrections


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Hi,

I am praying that someone could help me.  I had a Higher Level Review.  They found several duty to assist errors and was suppose to send it to the AOJ for corrections.  My HLR closed but the duty to assist errors were sent for correction.  I called the 800 number and informed them what was done, I called and asked to speak to a supervisor, I sent a letter through IRIS and I sent a letter to the intake center alerting them all of what was done.  To date, no one has answered my calls or emails.  My case is suppose to be expedited due to hardship.   Is there any one else who I could talk to that would look in to this?  This has been going on for about a month now.

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When did these events happen? Did you tell them at each step that it was a hardship? Did you try the white house number also? The corrections or "remands" can take a while to accomplish but have to be completed prior to the VA making a final decision. 

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With what GB mentioned and what you have already done I know of no other avenue to correct or speed this up other than a request to your congressman or senator.  Hang in there, it may seem like an eternity but a month is a pittance to the VA.  NOD's under the old system are out two years right now.

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Do you have access to Myhealthvet? (ebenefits?) if not you can check with your VAMC and have an account given to you..if no computer? then

  you can go see the VBA (Veterans Benefit Administration)ask to see a VSO and you go back with him and request he look into the VBMS (Veterans benefit Management  System) and find all this information your asking about.

you will need his claim # ss #full name 'address & date of claim.

if its not in the VBMS then ask this VSO what you can do or who to contact to help you guys get this claimed processed under the  38CFR 61.1 special regulations of having your claim expedited because of your extreme circumstances of your Hardship.

Edited by Buck52
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Normally this is the critera to have veterans claim expedited.

is an FPOW

is homeless

is terminally ill

is more than 85 years old, or

received the Medal of Honor.

And  of Other  Special circumstances .

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10 hours ago, GBArmy said:

When did these events happen? Did you tell them at each step that it was a hardship? Did you try the white house number also? The corrections or "remands" can take a while to accomplish but have to be completed prior to the VA making a final decision. 

Great Advice from GB Army!!!

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I had a Higher Level Review.  They found several duty to assist errors and was suppose to send it to the AOJ for corrections"

 

Can you possibly scan and attach here  the letter from VA that acknowledged the Duty to Assist errors?

Cover your C file ,name address, prior to scanning it.

what VARO is this?

I can find some  contact numbers for their director/ and /or VSCM.

I had a major Duty to Assist error in the adjudication of my 2003 DMII AO death claim.

My VCAA letter ( called the 5103 waiver these days) was not the appropriate letter that widows are supposed to receive.

The state reps I had ( to include their Director) refused to address this error, saying it was in compliance with the VCAA.

It caused my claim to go to the BVA, when the claim had more than enough evidence to be granted at the VARO level.

My State reps had a boss- the Governor- I complained to him and to the VA Office of General Counsel.I used as evidence  for the complaint, a letter from the state Director, telling me the VCAA letter I got  was in complete compliance with the VCAA.I sent to VCAA letter with my complaints.

The director was suddenly removed, one rep was demoted and one ( maybe 2) quit.Part of my complaint was that this DTA error could be affecting other widows of veterans, as negatively as it did in my case.

The BVA acknowledged the VCAA DTA error.

However they awarded the claim and rendered the error moot, because I had satisfied the requirements  of what a legal VCAA letter involved. My evidence was overwhelming.

I also had a 5103 error more recently that I have filed CUE on.

In your situation, I hope you hear from IRIS soon.I also hoped you filed the IRIS as a complaint ( in the cmplaint pop down box. IRIS complaints go to VA Centra as well as the RO.

If not I can post your RO's direct contact info and if that does not help, by all means call the White House Veterans Hot Line at 855-948-2311.

I also filed a complaint with the Inspector General's office,the District Counsel, and two director's of 2 VAROs on my issue with the 5103 problem, as part of an audit request.

A major Duty to Assist  error (which could involve the 5103 waiver)if not corrected, will add many, many years to a claim, as I well know.

Do you have a POA representing you in this claim?

If so what steps have they taken to get it corrected?

 

 

 

 

 

Edited by Berta
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Ok, so ebenefits says its "closed", and you want us to speculate on what that means?  Sorry, Im not going there, not that Im not sympathetic to your issues.  Its possible, or even likely, that you have been awarded benefits, so "DTA" may not mean a whole lot when you are granted benefits.  

I know its painful when you need money and VA drags stuff out.  (I lost my home in 2005to 2006 waiting on VA to process benefits).  

My suggestion:

    In my state you can go to the county VSO and "get short term help" for Vets with things like evcition notices, gas shut off, etc.  My suggestion is you contact them, you are gonna have to wait for the envelope to know anything REAL.  

    You can try calling the White house hotline.  Did you contact your VSO who should have VBMS access??  He can tell you more than we can.  However, we dont always suggest you take all the advice VSO give you, especially when they say stuff like:  "Dont file for an increase, you will be reduced instead" or "Dont file any new benefits, they will take away the ones you have, instead."  

     

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Hi everyone, 

Thank you for your comments.  I just called the white house hotline.  Thank you for giving me that information.  They said that they are going to have someone look into it immediately.  Please understand that my HLR was closed without the supplemental record for the duty to assist error corrections being taken care of.  This was confirmed by calling peggy and also from Disabled Veterans looking at my files in the VA computer.  There were no opened files for me.   I am praying that by contacting the white house, some one will honestly address my concerns.  If I didn't have you guys for support, I don't know where I would be.  The worst thing in the world is being in pain or suffering from a mental condition and not being heard.  It's great that there are so many caring hearts in this forum.  Thank you.  Will let you know how I make out.

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Good deal.  My experience with the Whitehouse hotline is that you need to stay up on them to get your explanation.   If you do not hear back in two weeks call back and explain you already have a case number and ask for the status.  They are pretty responsive when you hold their feet to the fire.  Good luck and keep on going.  If you have a mental issue and it gets really tough call your psychologist or the VA social worker.  They are there to help you and keep you on an even keel.

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