HLR since pandemic

[flynsolo2]

******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!!!

Edited April 13, 2021 by flynsolo2

[broncovet]

Agree its a good question.  Frankly, I dont recommend HLR.  Reason:  Res Judicata suggests it wont work.  One VARO decision employee A decided your claim VARO employee B is unlikely to change it "without new evidence".  Its just easier to stamp it "denied" again.  A few have had good luck with the decision.  

But, remember what is going on here.  You are basically complaining one of their coworkers (who may have trained him or is his boss) decided your claim wrong.  Yes, they are supposed to be experienced, but how many people like telling a rookie "he did bad"? (even if he did!). 

I would have suggested you send it directly to the BVA.  However, this is for the future.  Try contacting IRIS and ask the status. 

Are you retired military?  If so, they may be doing a DFAS audit which always takes longer.  

Did you look in the "letters" section of ebenefits?  What did it say?

Other than (contacting your VSO), contacting IRIS, or "ask Peggy", we no longer have, that IM aware of "a white house hotline" to fix Vets problems.  

Im gonna miss that!  

[GBArmy]

flynsolo2 VA.gov will say a decision has been made and letter sent. Two weeks is long enough: call 800-827-100 and tell them its MIA and you want a copy faxed to you. I'm not sure if they will send it to you as an email, but ask. That said, mail from the VA has been Really, Really slow. I'm thinking your situation is pretty common nowadays.

[flynsolo2]

@broncovetI am not retired military. My letters still shows my same disability rating, so I am assuming they denied it. Agreed about the HLR. I would like to know the reason for the denial so that I know how to move forward contesting it-once again. I just don't know why the VSO could not find anything about my claim either (on his end). I think I am going to try to "ask peggy" and see how that goes.....

[flynsolo2]

@GBArmy will they fax me the letter? I still think it is dumb that so much of this is still done through "snail mail" -not just for benefits or to contest a decision, but, EVERYTHING still with the VA. I thought they were modernizing it, but not much has really been modernized really....so frustrating......

[pacmanx1]

Today is a Federal Holiday, and no mail will be delivered but I think normally the VA says you have to wait 10 (TEN) business days and you can call and have them email you a copy of your Decision Letter.  I have had several development letters that were mailed to me, but I never received but was read to me how to respond and I did, and everything turned out so far so tomorrow you should know more.

[flynsolo2]

Okay, contacted the VA. The agent also said that she sees the claim is closed but does not see a decision made nor a decision letter being generated; so she put in a request to, "instruct how to proceed further or to generate a decision and decision letter". She said it should not take long for them to do this, so I guess it is just wait and see.....