VA lawyer opened High Level Review for backpay I should have gotten for years of denials without my permission. I was angry but decided to let it ride. Originally was denied from 2019 to 2022 then got 100% P&T on those denied claims with enough rating to qualify for SMC-S (170%) but didn't get it for some unknown reason. I decided not to "Poke the Bear" because I was more than happy where I was at.
Fast forward to a couple days ago and noticed decision was made. Turns out they noticed their error and bumped me to SMC-S with $8000 in backpay.
Then looked again and it changed to "Duty to Assist"
"We failed to get federal records. We will develop for VAMC records (EHRM)". What does that mean after I have gotten a decision on my rating?
Says "VA will make a new decision" even though I already have the decision letter.
VA website doesn't have anything under the "issues" tab but the VA app under the "issues" tab says "Currently on appeal."
Is more money owed? What does this mean and would they lower my rating after raising my rating for some unforeseen issue? Should I be worried?
1. Entitlement to special monthly compensation based on housebound.
Entitlement to special monthly compensation is warranted in this case because criteria regarding
housebound have been met from July 27, 2022. (38 CFR 3.350)
2. Higher Level Review for mild neurocognitive disorder and traumatic brain injury.
The issue of mild neurocognitive disorder and traumatic brain injury was returned for correction
of a duty to assist error in the prior decision. We failed to get federal records. We will develop
for VAMC records (EHRM).
3. Higher Level Review for post concussive headaches.
The issue of post concussive headaches was returned for correction of a duty to assist error in the
prior decision. We failed to get federal records. We will develop for VAMC records (EHRM).
Question
boomerps2
VA lawyer opened High Level Review for backpay I should have gotten for years of denials without my permission. I was angry but decided to let it ride. Originally was denied from 2019 to 2022 then got 100% P&T on those denied claims with enough rating to qualify for SMC-S (170%) but didn't get it for some unknown reason. I decided not to "Poke the Bear" because I was more than happy where I was at.
Fast forward to a couple days ago and noticed decision was made. Turns out they noticed their error and bumped me to SMC-S with $8000 in backpay.
Then looked again and it changed to "Duty to Assist"
"We failed to get federal records. We will develop for VAMC records (EHRM)". What does that mean after I have gotten a decision on my rating?
Says "VA will make a new decision" even though I already have the decision letter.
VA website doesn't have anything under the "issues" tab but the VA app under the "issues" tab says "Currently on appeal."
Is more money owed? What does this mean and would they lower my rating after raising my rating for some unforeseen issue? Should I be worried?
Thank you for your help
https://preview.redd.it/should-i-be-worried-need-your-opinion-w-outcome-v0-p7pw3xjddzoc1.png?width=736&format=png&auto=webp&s=b489e51eae23f489d42139e755e2573bd4f3fa31
REASONS FOR DECISION
1. Entitlement to special monthly compensation based on housebound.
Entitlement to special monthly compensation is warranted in this case because criteria regarding
housebound have been met from July 27, 2022. (38 CFR 3.350)
2. Higher Level Review for mild neurocognitive disorder and traumatic brain injury.
The issue of mild neurocognitive disorder and traumatic brain injury was returned for correction
of a duty to assist error in the prior decision. We failed to get federal records. We will develop
for VAMC records (EHRM).
3. Higher Level Review for post concussive headaches.
The issue of post concussive headaches was returned for correction of a duty to assist error in the
prior decision. We failed to get federal records. We will develop for VAMC records (EHRM).
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