Duty to assist error reddit They are saying due to weight. My question is I have read that it can take We would like to show you a description here but the site won’t allow us. Was it positive and in your favor or claim still denied even after a Mar 25, 2020 · It states, "The issue of sleep apnea was returned for a correction of a duty to assist error in the prior decision. "A duty to assist error has been identified during the higher-level review for other trauma and stressor related disorder with alcohol use disorder (claimed as PTSD), currently 70 percent disabling from January 19, 2023" The issue of obstructive sleep apnea (claimed as shortness of breath) was returned for correction of a duty to assist error in the prior decision. Normally, when a duty to assist error is discovered during a HLR, the claim then moves to the supplemental lane because the RO needs to gather the missing evidence. I went through a duty to assist error nine issues for 19 months. I received an email that QTC would be reaching out to me to schedule a C&P exam again early last week and never heard from them. Later they said that they found a duty to assist error and will work to correct it. Use their words such as prostrating and most of all give statements and evidence that it affects you economically. For example, maybe a medical exam was needed to properly assess your condition, and the VA didn’t request one. The issue of bilateral plantar fasciitis was returned We would like to show you a description here but the site won’t allow us. Sounds like you're on the right track so Been meaning to ask, but when there is a “duty to assist” failure, what does that typically look like in terms of: The amount of time it takes to receive some sort of status update. If you are visiting r/veterans for the first time please read the rules. Dec 5, 2023 · It's my understanding that Duty to Assist Errors returned to the RO, are supplemental claims and subject to HLR. I disagree with your statement that the VA can conclude there was no need for n informal conference when one requested because that violates the duty to assist principle set forth in the formation of the VA. We are here to support one another, and help resolve any VA / Veterans related issues. Jul 7, 2023 · The VA, under its duty-to-assist, must make reasonable effort to help the Veteran by asking for the documents from the place most likely to have them, in this case the NPRC. It does not seem that there was a duty to assist because my decision letter does not state that it states a difference of opinion was asserted to support your claim. Sounds like Vera is giving you the same speech they A duty to assist may just be a clerical error or a medical issue that is service connected that was denied as non service. 100-115 days to notification (i. " A duty to assist error has been identified during the higher-level review ". We failed to get an… I received this decision letter for my HLR. Since then i have had no movement on it at all and had to file a congressional as they are taking forever. HLR Timeline: filed September 9, 2022, had an informal conference November 15, 2022 which found a duty to assist error. I completed the C&P exam last week. A new IMO was conducted on December 02, 2022. *If a duty to assist (DTA On the call, i reiterated that it was only the effective date that I was disagreeing with. HLR submitted October 31 2023 Informal Conference Feb 18 2024 Duty to Assist found Feb 18 2024 New C&P exam scheduled for Feb 29 2024 C&P results received by VA March 5 2024 HLR Good Morning All! I had a four claims that were sent up for Higher Level Review, two claims remained denied with favorable findings (service incident, diagnosis, history) and the other two were listed as "Duty to Assist Error". I don’t see any mention of meds or continued treatment at that time either. 9 percent of the time it means they are scheduling an exam the DRO feels should have been scheduled. A duty to assist error has been identified during the higher-level review for diabetes mellitus type II. Basically yeah, you proved a duty to assist error, so imagine you just filed the claim today and they're going to do it over again. I received a call from QTC on 7/8 and took the first available appointment trueIs it common to have the same doctor, for a HLR ordered second c&p exam, whose very opinion is the one being challenged? Everything you need to get the Veteran's Benefits you earned and are entitled to. I'm attaching the initial and latest claim notification and decision letters below. See full list on va. Secondly, assuming the VA rules in my favor after my HLR, what date do they use for backpay? Is it the date of the original claim, the date the DTA was established Sep 30, 2019 · Read this 38 CFR § 21. They failed to implement development under Public Law 117-168, the Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. acsk tjbf bjytepy ftqih rvacw ori onq ecbc zjcq tnmh cqltp blcooi oywqry ahzniyr urr