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Supplemental Claim for Duty to Assist


rasceebp
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Question

Thank God for this forum because the VA just keeps you guessing.  I filed a higher level review.  I was told that there were 5 duty to assist errors that were sent back for correction in the decision letter I was sent.  The higher level review closed my claim without the supplemental claim opening.  After six weeks of calling Peggy, writing IRIS, the intake center and faxing the HLR and contacting a local congressman, the claim reopened on EBenefits.  They updated it several times until it finally showed the 5 duty to assist errors that were denied under claims pending.  Last night I went on EBenefits and all the pending claims disappeared.  On Va.gov, it always showed that the appeals were closed but now it shows yesterdays date as to when it was closed.  It shows a supplemental claim that is open on va.gov but It states that it can't give me a status.  Usually when you see pending claims disappear on EBenefits it means that the claims was denied.  So my questions are the following:  1) do supplemental claims appear in EBenefits as pending claims or could it be that someone noticed that it was not suppose to be in EBenefits and they moved it to va.gov.  2) The decision letter I received stated that the VA medical opinion provided is not sufficient for rating purposes.  We will develop for clarification of VA medical opinion.  The VA did not require me to go to another exam.  Can they legally deny my claim if the exam is over 45 days old?  Wouldn't they have to send me for a new exam?  Please let me know what you think.

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A 45 day old exam is relatively "current", especially since it takes Va about an average of 120 days to process a claim.  So, filing a nod based purely on the exam being over 45 days is probably going to be unproductive.  No, they dont have to send you to a reexam simply because its been 45 days since the last one.  You posted:

Quote

Usually when you see pending claims disappear on EBenefits it means that the claims was denied. 

No.  It doesnt mean that much for it to disappear on ebenefits, as ebenefits is unreliable.  In my case, it showed "closed" and about a month later, I got my award letter.  You "might" try checking the letters section in ebenefits to see if your percentage has increased, however, since the letters section is the most reliable in ebenefits.  The VA doesnt want Vets running around with lettters that says they are disabled when they are not.  

Its likely good news they are fixing the DTA errors.  Why would they do that if you otherwise arent entitled to benefits?  Example:  You arent eligible for VA benefits because you have a bad character of discharge.  So, the VA forgets to send you notice of an exam.  That probably wont matter.  On the other hand, them "fixing" DTA errors suggests you otherwise qualify for benefits.  But, I would stop short in saying that meant your claim is approved.  But I do think its a good sign if you have "jumped over" all the other hurdles, such as Caluza elements, character of discharge, etc., and since you were sent to a c and p exam.  The VA does not send you to a c and p exam, if the exam has no chance of winning you benefits.  

For example, lets say you are missing Caluza element 2, "in service event".  Ok, then they wouldnt send you to a c and p exam which wont fix that.  They would just deny.  

 

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