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HLR since pandemic

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flynsolo2

Question

******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 by flynsolo2
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UGH!!! Okay, so, I just received the letter from the VA. It says, "added-General Information" added to your file. WTH?!?! So, they STILL have not generated a decision letter. I again called the VA and the rep tells me it went to my local office who made the HLR decision and I should receive notification from them. Additionally, every time I talk with my VSO, he says he can see my 90% disability rating but cannot see any listed claims. I don't know what is going on with my file and everyone tells me to contact a different department but nothing is getting fixed. I still do not have my decision letter so I know how to move forward......

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  • HadIt.com Elder

Not saying it'll work but you could try an IRIS request and ask for the response in writing. If that doesn't work, call the WhiteHouse hot line.

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2 hours ago, GBArmy said:

Not saying it'll work but you could try an IRIS request and ask for the response in writing. If that doesn't work, call the WhiteHouse hot line.

I would also second this. But I also have used iris twice now for an issue with no response (been few months now). Going senator route before WH hotline. See if that goes anywhere

         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  @GBArmy

Okay. So, no letter still. Decision was made Jan. 28th. So, on Feb. 16th, I requested it be resent. I also made an inquiry to IRIS. This is the response I received today. It states that a letter was sent (today) March 2nd. Nothing new on e-benefits, va.gov or in my letters/payment section. What now? I guess wait for the letter but, if there was a new rating, how long until it shows up online (if it was updated today, per them)? You know, we've waited long enough, we get impatient!! LOL...

*attaching screenshot of email they sent me*

Screenshot (294).png

Edited by flynsolo2
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13 minutes ago, flynsolo2 said:

Decision was made Jan. 28th. So, on Feb. 16th, I requested it be resent. I also made an inquiry to IRIS.

My  apologies if I am incorrect but there has been no actual rating of increase or decrease as of yet. It appears that the VA is about to send you to a new C & P exam as of March 2, 2021.

The decision on January 28, 2021 only decided that the VA made a mistake in their duty to assist and ordered more development.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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@pacmanx1 I hope not. That is irritating and the exam for GERD would be another endoscopy, which isn't an easy C&P exam. Also, the original decision was based off of an endoscopy that I had done. I received the endoscopy and they rated my GERD two weeks after the results. I am hoping I would NOT have to go for another endoscopy. Plus, my medical file and all the issues related to GERD are all documented all the way back to 2006, including an endoscopy even then showing the severity even then! I wish they would just review all my medical files (with the VA doctor's notes as well stating severity) that I sent them when I originally appealed this decision. I have been fighting this rating decision since they first assigned it 2 years ago. This is so frustrating.........

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