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Supplemental Claim for Duty to Assist
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rasceebp
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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