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]

@flow1972 hopefully it will be that they realized it should have been scheduled at 10% instead of 0% to begin with (based off ALL the results and dr visits) and 30% instead of the measly 10% rated in 2019....doubtful, but holding out hope....I don't think it'll get me past my 90% yet but it gets me closer.....

[pacmanx1]

My 1998 claim was granted by the BVA and remanded to the local VARO for rating in which they lowballed my rating percentage and screwed up my effective date. I had to file a new appeal and when the BVA granted my 1998 effective date the local VA then reduced my rating without cause. VA reduced my rating without (letter of proposed reduction). I had to file a new appeal to get my rating restored and when the local VA restored my rating they still screwed up my effective date, now I am waiting for BVA to correct my rating percentage.

[flow1972]

14 minutes ago, pacmanx1 said:

My 1998 claim was granted by the BVA and remanded to the local VARO for rating in which they lowballed my rating percentage and screwed up my effective date. I had to file a new appeal and when the BVA granted my 1998 effective date the local VA then reduced my rating without cause. VA reduced my rating without (letter of proposed reduction). I had to file a new appeal to get my rating restored and when the local VA restored my rating they still screwed up my effective date, now I am waiting for BVA to correct my rating percentage.

Holy Lord! Stuff like this pisses me off so much! If people were actually being held accountable for either incompetent work or actual spiteful actions, this wouldn’t happen...or at least be very rare.

[Hucast21]

27 minutes ago, pacmanx1 said:

My 1998 claim was granted by the BVA and remanded to the local VARO for rating in which they lowballed my rating percentage and screwed up my effective date. I had to file a new appeal and when the BVA granted my 1998 effective date the local VA then reduced my rating without cause. VA reduced my rating without (letter of proposed reduction). I had to file a new appeal to get my rating restored and when the local VA restored my rating they still screwed up my effective date, now I am waiting for BVA to correct my rating percentage.

I am worried this might happen to me - win at the BVA but get lowballed on my rating percentage.

My lawyer even warned me about this and having to do another C&P exam despite the years of documentation that is already on file.

[pacmanx1]

It just pissed me off as Flow1972 stated. I really felt that not only should VA not have denied my claim, the VA forced me to file a claim to the CVAC just to win my benefits. The records clearly show that there have been multiple mistakes, and no one wanted to correct it. So, when the CAVC remanded my claim the BVA had no choice but to grant it. Now getting the correct rating with my corrected effective date is all but a matter of time. I keep dreaming on that forever home and I think it is getting closer. 

[Hucast21]

13 minutes ago, pacmanx1 said:

It just pissed me off as Flow1972 stated. I really felt that not only should VA not have denied my claim, the VA forced me to file a claim to the CVAC just to win my benefits. The records clearly show that there have been multiple mistakes, and no one wanted to correct it. So, when the CAVC remanded my claim the BVA had no choice but to grant it. Now getting the correct rating with my corrected effective date is all but a matter of time. I keep dreaming on that forever home and I think it is getting closer. 

I hope you get it Pac!