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disascottc

Question

Submitted HLR on july 15 informal conference sept 1, sept 9 received duty to assist on the sleep apnea claim. 
nov 10 there was an ace exam was told they may call me for the review, no call happened. It hasn’t moved since sept 9.

 What happens next?

how long could it be first HLR with duty to assist. Thank you

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An HLR with an exam is pretty much in conflict with each other.  Remember, HLR "does not allow" new evidence, such as a new exam.  

If you need new evidence, then you should do a supplemental claim lane.  Or, better yet, go directly to the BVA which will likely save time. 

An HLR is "another person" looking at the same evidence, "hopefully" (for the Veteran) arriving at a different result.  While that is possible, the new HLR pretty much has to say one of his coworkers is crazy or did a poor job.  

That is why I dont use HLR.  

Since you are already there, I wish I could tell you "how long", but, my "gift of prophecy" has not been working all that well.  

Better is if you flip a coin..or have an "office pool" of the dates within the next two years and see if anyone can guess the right date you will get a decision.  I hear you..that is the question most people ask, and the one question VA avoids answering like the plague.  They state things like "all claims are different" (of course they are).

Someone else may answer if the HLR is "automatically changed" to SCL if you submit new evidence, but I would not count on VA employees doing that, myself.  Ive counted on VA employees doing their job in the past, and mostly been disappointed.  

If you need new evidence "contained in the informal conference", then my advice is to switch to hcl.  

If, however, you have identified in the old decision one or more inaccuracies, then you could plow on.  Remember, evidence wins claims.  

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1 hour ago, broncovet said:

An HLR with an exam is pretty much in conflict with each other.  Remember, HLR "does not allow" new evidence, such as a new exam.  

23 hours ago, disascottc said:

Submitted HLR on july 15 informal conference sept 1, sept 9 received duty to assist on the sleep apnea claim. 
nov 10 there was an ace exam was told they may call me for the review, no call happened. It hasn’t moved since sept 9.

 What happens next?

how long could it be first HLR with duty to assist. Thank you

 

1 hour ago, broncovet said:

An HLR with an exam is pretty much in conflict with each other.  Remember, HLR "does not allow" new evidence, such as a new exam.  

If you need new evidence, then you should do a supplemental claim lane.  Or, better yet, go directly to the BVA which will likely save time. 

An HLR is "another person" looking at the same evidence, "hopefully" (for the Veteran) arriving at a different result.  While that is possible, the new HLR pretty much has to say one of his coworkers is crazy or did a poor job.  

That is why I dont use HLR.  

Since you are already there, I wish I could tell you "how long", but, my "gift of prophecy" has not been working all that well.  

Better is if you flip a coin..or have an "office pool" of the dates within the next two years and see if anyone can guess the right date you will get a decision.  I hear you..that is the question most people ask, and the one question VA avoids answering like the plague.  They state things like "all claims are different" (of course they are).

Someone else may answer if the HLR is "automatically changed" to SCL if you submit new evidence, but I would not count on VA employees doing that, myself.  Ive counted on VA employees doing their job in the past, and mostly been disappointed.  

If you need new evidence "contained in the informal conference", then my advice is to switch to hcl.  

If, however, you have identified in the old decision one or more inaccuracies, then you could plow on.  Remember, evidence wins claims.  

 

23 hours ago, disascottc said:

Submitted HLR on july 15 informal conference sept 1, sept 9 received duty to assist on the sleep apnea claim. 
nov 10 there was an ace exam was told they may call me for the review, no call happened. It hasn’t moved since sept 9.

 What happens next?

how long could it be first HLR with duty to assist. Thank you

If you need new evidence, then you should do a supplemental claim lane.  Or, better yet, go directly to the BVA which will likely save time. 

An HLR is "another person" looking at the same evidence, "hopefully" (for the Veteran) arriving at a different result.  While that is possible, the new HLR pretty much has to say one of his coworkers is crazy or did a poor job.  

That is why I dont use HLR.  

Since you are already there, I wish I could tell you "how long", but, my "gift of prophecy" has not been working all that well.  

Better is if you flip a coin..or have an "office pool" of the dates within the next two years and see if anyone can guess the right date you will get a decision.  I hear you..that is the question most people ask, and the one question VA avoids answering like the plague.  They state things like "all claims are different" (of course they are).

Someone else may answer if the HLR is "automatically changed" to SCL if you submit new evidence, but I would not count on VA employees doing that, myself.  Ive counted on VA employees doing their job in the past, and mostly been disappointed.  

If you need new evidence "contained in the informal conference", then my advice is to switch to hcl.  

If, however, you have identified in the old decision one or more inaccuracies, then you could plow on.  Remember, evidence wins claims.  

A lot of it has to do with which RO you’re at.

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1 hour ago, broncovet said:

An HLR with an exam is pretty much in conflict with each other.  Remember, HLR "does not allow" new evidence, such as a new exam.  

If you need new evidence, then you should do a supplemental claim lane.  Or, better yet, go directly to the BVA which will likely save time. 

An HLR is "another person" looking at the same evidence, "hopefully" (for the Veteran) arriving at a different result.  While that is possible, the new HLR pretty much has to say one of his coworkers is crazy or did a poor job.  

That is why I dont use HLR.  

Since you are already there, I wish I could tell you "how long", but, my "gift of prophecy" has not been working all that well.  

Better is if you flip a coin..or have an "office pool" of the dates within the next two years and see if anyone can guess the right date you will get a decision.  I hear you..that is the question most people ask, and the one question VA avoids answering like the plague.  They state things like "all claims are different" (of course they are).

Someone else may answer if the HLR is "automatically changed" to SCL if you submit new evidence, but I would not count on VA employees doing that, myself.  Ive counted on VA employees doing their job in the past, and mostly been disappointed.  

If you need new evidence "contained in the informal conference", then my advice is to switch to hcl.  

If, however, you have identified in the old decision one or more inaccuracies, then you could plow on.  Remember, evidence wins claims.  

Keep in mind, if you choose appealing directly to the board, direct review lane is the fastest lane.

Current timeline is over 600 days from docket date. Patience and evidence wins every time…you are not alone.

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Does VA still do DRO appeals?  I have won all my claims in the last ten years, so I have not appealed lately.  I used DRO very successfully back in the day.  I did not have to wait 2 years for BVA.  I like to win at lowest level possible.  You win at BVA and they remand it back to VARO.  Then you wait another year for cock eyed decision.  You could be in your grave by then.

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