HLR of a won claim

[Foxhound6]

So anyone who utilizes an attorney or VSO might be able to chime in here. I am curious as to the benefit or reason you would HLR a claim that was won? Quality assurance (LOL)? Do HLR usually require a contention of something to file it?

[brokensoldier244th]

What’s the context of your question? You could do an hlr for an earlier effective date, for example, or anything really, if you or your vso/poa thinks your evidence is strong enough. 

[Foxhound6]

3 minutes ago, brokensoldier244th said:

What’s the context of your question? You could do an hlr for an earlier effective date, for example, or anything really, if you or your vso/poa thinks your evidence is strong enough. 

Sorry, wasn't sure how to phrase it to start. Essentially, I won my MH claim not long ago (2019). Got attorney to help me finish my back/neck claim and do IU. They filed an HLR for my denied back/neck claim as well as my recently won MH claim (they did not help me with that claim at all). This is related to my series of posts about my C&P exam I found and you have been commenting on.

EED is now a contention I have for my MH claim. It is entirely likely my attorney picked up on it as well and just rolled with it. I could just be late to that party lol. Im just trying to ascertain why they filed on my MH claim as well. If just for a simple increase, I don't see why he wouldn't just let the IU do that part. I feel like maybe he saw something. Ive been trying to see what he submitted on the HLR form but I cannot see it in my documents. Probably mailed it in. It is difficult to contact the paralegal POC I have and she doesn't seem the most knowledgeable.

[broncovet]

Here are a few reasons you would appeal a "won" claim:

1.  You could appeal the effective date.  

2.  You could dispute and appeal the disability percentage, if it was unsatisfactory.  

3.  You could appeal any denied items.

4.   Sometimes an issue  is not addressed "At all" in a decision "even tho" you claimed it.   According to the CAVC if you have 2 or more issues, and one is "not addressed", this is called a "deemed denial" and the appeal period begins to run.  For more information, search "deemed denials" at the CAVC website..there are multiple court cases on this issue.  

5.  In some circumstances while you may have "won" 100 percent, the VA "may not" have properly adjuticated the always inferred issue of SMC S.  You should get SMC S if you have 100 plus an additional 60 percent seperate and distinct.  However, I cant tell you how many Vets have told me the VARO "did not adjuticate" SMC S, even when the evidence shows you should get it.  

6.  "Other" SMC's.  As an example, if you had a foot injury, where you had "loss of use of your foot", then you should get SMC for Loss of use of your foot.  

     Its my opinion you need to persist and discuss this with your attorney, he is going to know much much more about your claim than I do, so he would know which of the above, if any, apply to you.  

      Yes, I know its frustrating when you cant reach your attorney.  You are preaching to the choir, here, because I have been there, done that.  I suggest you call at different times, send him an email (that usually works for me), and/or leave a message.  Yes, its true that sometimes the legal aids, who assist the attorney, make mistakes or even have poor customer service.  Call the supervisor, this legal aid may be "out" or working at home for covid 19.  I suggest we be "generous" on this, its difficult for many of us.  

 

[Foxhound6]

@broncovet Thank you for that. Yeah, this is my first time going with an attorney and its been more different than I thought. Not being included in whats happening with that claim is just something I have not gotten used to yet.

19 minutes ago, broncovet said:

 Yes, I know its frustrating when you cant reach your attorney.  You are preaching to the choir, here, because I have been there, done that.  I suggest you call at different times, send him an email (that usually works for me), and/or leave a message.  Yes, its true that sometimes the legal aids, who assist the attorney, make mistakes or even have poor customer service.  Call the supervisor, this legal aid may be "out" or working at home for covid 19.  I suggest we be "generous" on this, its difficult for many of us.  

 

I understand. I am being patient with them. I don't call much either, so I don't bug them per se, I am very respectful and cordial. However, one issue I worry about is that I had an exam request canceled by the VA, per them, for my IU claim but I have VES calling for an appointment. The item requested are just telling me to get my previous employer form done and returned so they can proceed (VA 21-4192). So I have contacted the attorney to ask for clarification. Waiting on them before I commit to something that could negatively affect me.

[deedub75]

I used it successfully for an earlier effective date. 

[USMC_VET]

15 hours ago, Foxhound6 said:

So anyone who utilizes an attorney or VSO might be able to chime in here. I am curious as to the benefit or reason you would HLR a claim that was won? Quality assurance (LOL)? Do HLR usually require a contention of something to file it?

If i had to guess they believe there was something the VA overlooked, as mentioned in previous comments it could be EED or SMC issues, if you ask for a copy of the appeal from them it should tell you as they SHOULD have referenced what the specific disagreements they had with the decision.  I recently filed a HLR for a EED (dropped it because when i looked back the EED claim wasnt right on my end), but you should know that a HLR isnt specific it opens the case back up, now it doesnt mean they will reduce you, but they can. They can find that a EED is correct but they can also re litigate the entire case for either the increased rating, SC grant etc.  This shouldnt scare you out of appealing, but you should be aware.