HLR call about case, will I be taken care of?

[kanewnut]

Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C&P exams when all I was trying to do was get the VA to look into a CUE. I explained to her how since the VA had done C&P exams the rater had put in the effort to communicate with the examiner twice to reduce a rating from 40% to 20%, yet the examiner couldn't find my SSA grant.  I explained to her about the SSA records in my C-file, how I had about 20 pages of someone else's records in the middle of my records. I told her maybe this is part of why someone didn't approve it sooner. I told her it looked to me like someone dropped the paper files and didn't have enough sense to separate the two files. I told her about the latest denial where the rater looked into the SSA records and found a denial but didn't look up the grant of benefits that is in the SSA records. I explained to her that I hadn't worked since June 2000. I told her about the VR&E denial based on my doctors statements. I told her how the raters kept denying me stating other evidence in my records showed I wasn't unemployable. I explained to her how the raters kept saying I quit my job, but M21-1 says that doesn't have any affect on the decision. She seemed very sympathetic. She said she would take care of me. Well, it will be very interesting to see if she does. I had a prior call from a lady at the Roanoke VA, she thought I was going to get approved. In just a few weeks I got the denial.   

I had written to my congressman about all this crap. I got a reply back from the congressman's office but it was the same BS from the VA. I sent back to the congressman's office quite a few pages of all the documentation showing the VA crap. I think this was sent by the congressman to the VA Secretary Wilkie. I have no idea if this is at all related to the call or not. 

[broncovet]

We dont know if you will be "taken care of" or not.  Certainly, you cant go by what they tell you on the phone.  You should know soon enough, you need to be paitient and wait for the envelope.  Or, if you like, you can try the "letters" section of ebenefits, because, even tho ebenefits is inaccurate, the letters section is usually pretty good.  (But not always up to date).  

    Im somewhat troubled, on your post, however.  You discussed HLR and CUE, but these are not the same thing.  You also mentioned they could not find your SSA records.  You can resubmit those, but NOT with HLR.  Specifically, HLR does not permit new evidence.  "If" VA does not have your SSA records, and you submit those records, that meets the defination of "new evidence".  

    I would not have advised HLR in your situtation.  I would have advised either SCL, or a board appeal, or CUE, or reopen due to 3.156, but not HLR.  

     Sometimes when we use the wrong form VA is "generous" and overlooks it, but mostly, if you apply on the wrong form you have to start over.  To reiterate:  HLR does not permit New evidence, and if VA is missing your SSA records you need to submit them as "new and material evidence" (38 CFR 3.156).  

     "If" its been a year or less since your decision (and it sounds like it has), then send VA a 21-4138 "something like" this:

     

Quote

 Enclosed is the SSA records as new evidence, and my request to reopen this claim (give claim date dd-mm-yy) under 38 CFR 3.156b.  Previously, I sent this on an HLR form, as I was unaware that VA did "not" have my enclosed SSA records.   Instead I assumed that VA and Social Security "had access" to each other's records since they are both federal agencies.  

    Please reopen this claim with new and material evidence of the ssa records, and process this claim promptly.  I apologize for it being on the HLR form (which does not permit new evidence) again, because I assumed you had my SSA records.  

     Signed,  Joe Veteran  Oct. 27, 2020 

Enclosure:  SSA records.  

 

Edited October 27, 2020 by broncovet