Higher level review

[Joey Ross]

After higher level review, VA is correcting 3 errors. Letter states that VA is developing for a examination to consolidate conflicting information about my mental health condition. I have a C&P Friday. What should I expect in this one?

[Buck52]

5 hours ago, Joey Ross said:

After higher level review, VA is correcting 3 errors. Letter states that VA is developing for a examination to consolidate conflicting information about my mental health condition. I have a C&P Friday. What should I expect in this one?

What is the VA doing about the 3 errors? is this why your new C&P HAS BEEN SCHEDULED?

You may want to look up the M-21-III CHAPTER 5 GUIDELINES FOR REVIEWING  EVIDENCE Criteria

About the conflicting information about your mental health condition?

is this conflictiing information involving 2 separate Dr's and their credentials ? or different  medical opinions?

''The Benefit of the Doubt Doctrine means that if there is a proximate balance between positive and negative evidence in a veteran's claim, VA is supposed to decide in favor of the veteran. This balance of the evidence is called “equipoise.''

If this exam is for Mental Health (PTSD) I would suggest you read up on the PTSD DBQ as this is normally what the examiner may ask you questions from.(jmo)

[broncovet]

Just go to the C and P exam, on time, tell the truth and wait for the envelope. Tell the examiner how you feel on your worst day. 

 If you can, get a copy of the c and p exam and see if its favorable.  

Edited August 6, 2020 by broncovet (see edit history)

[shrekthetank1]

What are the 3 errors?  This would give us a better idea of what they are looking for and what they will ask.  Overall be truthful!  Be ready to answer those questions as they want to be able to link what they can.  also is this for different issues?  The VA will only give one rating for it.

[Berta]

This is what HRL is supposed to do, since the AMA changed M21-1MR.

I do not know when you will get the C & P exam or what to expect but obviously, they made 3 legal errors, anyone of which could have been detriment to your claim.

I feel pretty good to know that my suggestion to former Secretary Shulkin caused this change to the way our claims are handled. There are other vets here who's HRL caught CUEs prior to the decision being sent out.

And others who succeeded in filing CUE as soon as they received an erroneous decision.

The fact is, and I made this point to Shulkin, that VAROs make MANY errors, detriment to the claimant, who might never even know a CUE occurred, for years down the road...or maybe never.

The BVA will remand a claim that holds a detriment legal error, but who wants to wait years for the BVA to do that when we can call CUE on the VA ourselves, and better yet HRL are trained to seek CUE before the claimant even gets an erroneous decision.

It will add more time to the final decision, but that might mean months, and not YEARS.

I saw here recently that an HRL caught a Duty to Assist violation- we cannot file CUE on a Duty to assist violation but that type of legal error will cause a CUE to occur in the decision.

I had a legal error in a VCAA notice years ago.It was the only claim I had at the BVA. My incompetent Vet reps and even their director fought against my requet to send me a proper VCAA letter. I raised hell and they are all gone.

The BVA considered the obvious illegal VCAA letter but consider that point, on appeal, wwas moot as they awarded the claim anyhow.

Since then I have had a 5103 waiver violation. And other CUEs pending.

I am fighting the 5103 waiver aggressively, and recommended here to do what I did on the 5103 response,

I listed and enclosed again, all of the evidence they ignored in their decision n the 5103 form.What gets me is I had 4 phone calls from my RO around this time- two from the director trying to get me to accept a ridiculous statement she made,with absolutely no legal support for her statements.And two calls from some VSO she told to call me, and I asked him what evidence they had with my 5103 form. He described what they had , and then ,it mysteriously disappeared from their next decision, because that evidence proved the Director did not have a clue on Basic VA 101.

We have lots of CUE info here.And many here who have successful CUEs.I will find the M21-1 excerpt and post it for you.

 

 

 

 

 

 

 

 

 

 

[Berta]

It might be way down the thread.

https://community.hadit.com/topic/78864-cue-and-bva-2020/

 

[Buck52]

The PTSD FORM IS BELOW.

VA Form 21-0781, YOU CAN PRINT OUT THE PDF VERSION OF THIS FORM OFF THE INTERNET.

Also If you didn't know???

If you've been diagnosed with PTSD, chances are you suffer from what are known as secondary conditions. Some examples of conditions secondary to PTSD are sleep apnea, gastroesophageal reflux disease (GERD), hypertension, migraines, and erectile dysfunction.

These would be filed as secondary conditions to your Diagnosed PTSD

Not knowing your service connected conditions and the ratings you have, if your below the 100% scheduler ratings or on TDIU.

These secondary conditions will help you reach the 100% rating & possibly an addition for the SMC.S. (Special Monthly Compensation)

[Joey Ross]

36 minutes ago, Buck52 said:

What is the VA doing about the 3 errors? is this why your new C&P HAS BEEN SCHEDULED?

You may want to look up the M-21-III CHAPTER 5 GUIDELINES FOR REVIEWING  EVIDENCE Criteria

About the conflicting information about your mental health condition?

is this conflictiing information involving 2 separate Dr's and their credentials ? or different  medical opinions?

''The Benefit of the Doubt Doctrine means that if there is a proximate balance between positive and negative evidence in a veteran's claim, VA is supposed to decide in favor of the veteran. This balance of the evidence is called “equipoise.''

If this exam is for Mental Health (PTSD) I would suggest you read up on the PTSD DBQ as this is normally what the examiner may ask you questions from.(jmo)

I told review I had a Bad C&P. All 3 issues are duty to assist errors. one states consolidate conflicting information. Tomorrow's C&P is video. What do you think?

[Joey Ross]

10 minutes ago, Buck52 said:

The PTSD FORM IS BELOW.

VA Form 21-0781, YOU CAN PRINT OUT THE PDF VERSION OF THIS FORM OFF THE INTERNET.

Also If you didn't know???

If you've been diagnosed with PTSD, chances are you suffer from what are known as secondary conditions. Some examples of conditions secondary to PTSD are sleep apnea, gastroesophageal reflux disease (GERD), hypertension, migraines, and erectile dysfunction.

These would be filed as secondary conditions to your Diagnosed PTSD

Not knowing your service connected conditions and the ratings you have, if your below the 100% scheduler ratings or on TDIU.

These secondary conditions will help you reach the 100% rating & possibly an addition for the SMC.S. (Special Monthly Compensation)

I was denied service connection for all three

[Oceanbound]

Exactly, HLRs are nothing but more wasted time on avoiding to see a judge at the BVA. I went to the HLR and it was a scam. Time to lawyer up!

[Buck52]

I agree with Ocanbound    Although most of the time you will get the same results in HLR....>  DRO's are there to review what has already been reviewed .   Head to the BVA

Edited September 7, 2020 by Buck52 (see edit history)