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

[flynsolo2]

***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.......

[GBArmy]

flynsolo2 So, have you read on Hadit somewhere where we say don't pay attention to ebenefits? They make errors and mistakes all the time. It really is hard to get denied for PTSD when you have a GERD c7p exam. It is also hard to get a rating for PTSD when you have a C&P exam for GERD! You can call Peggy and see if they can start the wheels to make the correction on ebenefits, but again, Peggy isn't that great either. If you have a VSO or lawyer, they can look in the VBMS system and find out more for you. Or you can just wait and it will be corrected eventually.

[flynsolo2]

@GBArmyI hope that is the case, because I just missed a call this morning-from the VA-stating they are trying to schedule a C&P exam for my PTSD claim. I am on hold with them right now, so hopefully this all gets fixed....

[flynsolo2]

okay, got through finally, they said that my duty to assist for GERD is still open, but, that I am "due" for a re-examination for my PTSD claim in may, 2021? I was rated for PTSD in 2008. Anyone else get/deal with this? Seems like they may be trying to change the rating of my PTSD (Which assuming they are trying to lower it, not up it). Can I just not go to the C&P exam, so that it stays rated the same?

[flow1972]

4 minutes ago, flynsolo2 said:

okay, got through finally, they said that my duty to assist for GERD is still open, but, that I am "due" for a re-examination for my PTSD claim in may, 2021? I was rated for PTSD in 2008. Anyone else get/deal with this? Seems like they may be trying to change the rating of my PTSD (Which assuming they are trying to lower it, not up it). Can I just not go to the C&P exam, so that it stays rated the same?

No.  You MUST attend any C&P Exam scheduled unless you are in a "protected" class (i.e. over age 55, had the same rating for 20 years, etc...).  A lot of times a rating will be listed as static (meaning they won't actively seek to re-evaluate unless you file a new claim or a claim for increase.  Then, your whole file is subject to review.  If your PTSD rating was not listed as "static", they would set a re-evaluation date in your file.  

[flynsolo2]

@flow1972 They opened a duty to assist error. When I just talked to the VA this morning, she said this is not necessarily a re-evaluation, but a "regular appointment" for my PTSD, even though I have had this since 2008 (so 13 years),but, I am assuming the duty to assist error then is allowing them to re-evaluate my PTSD claim? I am only concerned because other forums on here, when the VA "triggers" another look at other claims, it is usually NOT to the benefit of the veteran.....

How do I find out if my PTSD claim is "static"?