Correcting Error

[scooter318]

I recently had a HLR and when I checked it, it said that it was closed but now it's back open and it says they found an error. I wanted to find out  does anyone know how long it takes to get results after they change your case to this status.

[Berta]

I dont know how long, but this is often a good thing-Others here have had the HLR find an error-and hopefully they will chime in.

The HLR can find a legal CUE issue as well as find a Duty to Assist error. This grew out of a letter I wrote to former VA Secretary Shulkin and M21-1MR was changed.

My point to the former VA Sec was this- a CUE in a decision can leave the veteran in a quandry, particularly if they do not know what to do, or do not even recognize the CUE and it could follow them throughout the appeals process.

It made sense to me that if the HLR has the ability to find a CUE or Duty to Assist error, and can correvt it, that might save save years of appeal, if the error was to the veteran's detriment.

I used my own tactic of getting the VA to CUE itself within the appeal period, and I didnt have to file a NOD and sent the former Sec proof of that.

A leggal error or DTA error could definitely cause a remand from the BVA, and many remands on that basis should not happen,because the errors can and should be corrected at the RO level- by the veteran or by the HLR person.

This is not necessarily a bad thing. But then again it might not affect their decision at all.

I had a VCAA DTA error long ago.The BVA awarded my claim and raised the VCAA error in their decision but said it was a moot issue because I had mitigated the damage by sending them all the evidence they needed to have and they awarded that claim.

If I , aa a widow of a Vietnam combat veteran, had replied on the ridiculous VCAA letter they did send, and knew nothing about how the VA really works, I would have lost my claim.

 

 

 

 

[scooter318]

Thank you Berta