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HLR since pandemic

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flynsolo2

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flynsolo2

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******UPDATE---4-13-2021*******

 

I received my decision letter for my duty to assist (although I never did receive a full explanation on why a duty to assist was flagged or what basis and I think I never will)...they note that from my C&P exam, my symptoms are:  pyrosis (heatburn and/or reflux), regurgitation, substernal pain and vomiting, and the decision is to continue my GERD rating at 10%. I don't know what else to do here. Shouldn't I be rated at least 30%, if not 60%? I mean, there are times, (as I told the C&P examiner), that I have had to come home from work to take medicine or reschedule a meeting during a flare-up because, ya know, belching etc., isn't professional. My examiner wanted to hear none of it. Did not even look at my file when I tried to show him all the documentation that this has been going on for such a long time. Now, a week later, I get a decision letter that it is to be continued at 10%....Any suggestions? Should I do a CUE at this point?.... 

 

 

***NEW UPDATE-April 3, 2021

Okay, so I received a letter about the duty to assist for my GERD claim, and scheduled a C&P. My file online for disability claims also updated to show the GERD claim. I went to my C&P exam this past Wednesday, where the claims guy went over the whole sheet about my symptoms and whatever for my GERD. Then, on Thursday, it updated on my disabilities page-except now it says PTSD claim? Same thing yesterday, it says, "what you've claimed-PSTD, claim received March 31st (when I had my C&P exam". Who do I contact about this error? OR do I wait for them to catch it? It still says it today (obviously, since the VA is closed). But, all the way up to this point, it HAD said GERD. It also has listed my GERD files stuff under the files section of the claim.......

 

 

 

*****NEW EDIT AS OF FEB. 14th....

 

Okay, it says that the HLR review was completed on Jan. 28th. I STILL have not received a letter, and on Monday, the 15th, it will be three weeks. The rating looks to be the same on my e-file, but, when I called the VSO on Friday to see if he could see anything on his end of what the VA said about the HLR, he said that my file showed nothing-not the claim or my disability percent(s), or the HLR. Anyone else run into issues with HLR decisions and taking longer than the 10 days to receive your decision letter? I would like to know why I was denied (I am assuming I was, since the percent is the same)...

Thanks everyone!!

 

 

Good Afternoon,

 

I know the time frame for a HLR is normally about 4 months (they state on their website 125 days), however, I am wondering if anyone has filed a HLR since they opened up the VA more in August? Just wondering if there is a huge backlog now. I have mine just sitting there since September, and no status change, even though I was thinking it would be until January, but, as most others have said, still checking often to see if there has been any updates!

Thanks!!!

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flow1972
flow1972

Checked E-Benefits today...I am now 100% P&T.  Sweet Jesus, Hallelujah!!!!

GBArmy
GBArmy

Flow1972 Unfortunately, your experience is not unique. Drives you up the wall when they don't do what they should after telling them what they messed up on.

flow1972
flow1972

Just got the actual requested call with the reviewer on my HLR filed back in July.  That should give others some sort-of timeline on how long they're taking to get to these.  She seemed pretty confide

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flow1972 Collaborator

flow1972

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1 minute ago, flynsolo2 said:

@Foxhound6 Did you get your HLR decision back? 

I just contacted the VA, and the representative told me that mine is "ready for a decision so should be anytime now". I tried not to laugh....

Yeah, mine's been in that status for months. LOL!!!

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krooks Apprentice

krooks

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Our attorney filed an HLR based off SSOC for a remand on November 13th. The same day it showed in the system as "Your Higher-Level Review was closed. Please contact your VA or your Veterans Service Organization or representative for more information." with nothing listed under the Issues tab. It has been that way since with no change on e-benefits and no letter (although it has only been 7 days). 

Is it normal for it to show "closed" until they make a move on it, I know HLRs function a little differently. Trying to patiently wait as I know we probably have a much longer time ahead of us. 

Good luck to all of you and I hope things go well!

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Foxhound6 Community Regular

Foxhound6

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On 11/20/2020 at 10:05 AM, flynsolo2 said:

@Foxhound6 Did you get your HLR decision back? 

I just contacted the VA, and the representative told me that mine is "ready for a decision so should be anytime now". I tried not to laugh....

I received my CFile. I now see what the hold up is on my HLR. It was how my attorney is handling the two claims I have. Looks like he asked for the VA to adjudicate both my HLR and the TDIU claim I have together. I assume this was done to get them to also include my neck and back issues with my TDIU claim as I do not have them SC which is why the HLR is in to begin with. It will make more sense to read it. Here is a quick redacted snippet of my filing.

hlr 1.PNG

hlr 2.PNG

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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Foxhound6 Community Regular

Foxhound6

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Posted (edited)
On 11/22/2020 at 7:57 PM, Foxhound6 said:

I received my CFile. I now see what the hold up is on my HLR. It was how my attorney is handling the two claims I have. Looks like he asked for the VA to adjudicate both my HLR and the TDIU claim I have together.

So, this may have not been accurate either LOL. I checked my Va.gov this morning and noticed my HLR is showing CLOSED as of 27NOV2020. No other details, probably will need to just wait for a decision letter or maybe they'll hold the letter until the TDIU claim is finished? Not fully sure what is happening at this point but it looks like progress so I will think positive!

Correction**** I now see the error of my interpretation from my attorneys document. I believe my attorney had simply asked that "a request for total disability evaluation based on individual unemployability part and parcel with the current appeal." Meaning I am asking the VA to consider this HLR appeal for P&T and my TDIU claim.

The "part and parcel" part is what is interesting. They are essentially telling the VA that this HLR appeal is a "essential piece; that which must be done or accepted as part of the TDIU claim itself". The legalese is strong with this firm lol

Edited by Foxhound6

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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Foxhound6 Community Regular

Foxhound6

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Posted

Going to post a full fledged timeline of my claim and HLR in a new post. Hopefully it will help others and put the process into a better picture.

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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