Can a Higher Level Review Solve Your Duty to Assist Error?

When navigating the complexities of veterans' disability claims, a common challenge that arises is the Duty to Assist error. This error occurs when the VA fails to adequately gather the necessary evidence to support a veteran's claim. A Higher Level Review can indeed address and potentially resolve a DTA error.

By opting for HLR, veterans can request that a more experienced VA employee re-examine their claim. This process includes a thorough review of the evidence and the identification of any oversight in the initial assessment. If a DTA error is pinpointed, the HLR can mandate corrective actions, ensuring the necessary evidence is obtained and considered, thereby rectifying the error and facilitating a fair evaluation of the claim.

However, it is essential to note that an HLR may not be the appropriate course of action in every case. While it can address a DTA error, it may not necessarily lead to a favorable decision for the veteran. The reviewing officer has limited authority and cannot award benefits or change the original decision based on new evidence. Therefore, if there are other issues with the claim beyond a DTA error, an HLR may not resolve them.

The Broken Promise
When a veteran files a disability claim with the VA, they expect the agency to fulfill their "Duty to Assist" and provide them with the necessary support and resources. However, this is often not the case.

Many veterans have reported experiencing delays in the claims process due to lack of communication from the VA, missing medical records, and even being denied exams for their claimed disabilities. This can be frustrating and disheartening for those who have sacrificed so much for their country.

Not only does this delay in benefits cause financial strain on veterans and their families, but it also negatively affects their physical and mental well-being. For many disabled veterans, these benefits are crucial in helping them access necessary medical treatments and services.

The Reality Exposed
To shed light on this issue, a must-watch video titled "The VA's Broken Promise to Veterans" was released by the Disabled American Veterans (DAV) organization. This powerful video features real-life stories from veterans who have been failed by the VA's "Duty to Assist."

Through these personal accounts, viewers can see the devastating impact of the VA's failures and how it has affected the lives of these veterans and their families. It also reveals how the lack of accountability and transparency within the VA system has allowed this broken promise to continue.

The Hidden Agenda
So why does the VA fail in its "Duty to Assist" our disabled veterans? Many believe that it is due to a hidden agenda within the agency.

As the number of disability claims continues to rise, the VA is faced with a growing backlog and limited resources. By delaying or denying claims, the VA can save money and alleviate some of this pressure.

Unfortunately, it is our veterans who pay the price for this hidden agenda. Many are left struggling to access necessary medical care and support while waiting for their rightful benefits.

In conclusion, the VA's "Duty to Assist" is a broken promise that has serious consequences for our disabled veterans. It is time for the VA to be held accountable for their actions (or lack thereof) and fulfill their obligation to those who have served our country.

It is also essential for us as a society to stand up and fight against this injustice. We must demand better for our veterans and ensure that they receive the support and care they deserve.

So, watch the video, spread awareness, and join the fight to hold the VA accountable for its "Duty to Assist." Let's make sure our disabled veterans get the justice they deserve. So, if you are a veteran or know someone who is, remember, you are not alone in this fight. Together, we can make a difference and honor those who have sacrificed so much for our country. Thank you for watching.

🔶 Helpful resources for disabled veterans
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[CombatCraig]

It’s Time To Get Serious About Your Veterans Benefits!
SUPERCHARGE your VA CLAIM!

[paulthornton]

You are the Real!, no BS OG that does his homework.

[j.kossdgfleetdriver]

I made it easy for them by providing an independent IMO from an MD(fully developed). Problem is they keep disregarding my evidence and go with their PA and their "less likely than not" BS.

[TonyCossey]

I sent my migraines claim for HLR because I met the ratings for 50% instead of the 30% they awarded me. They increased me to 50% as a result but stated they also found a duty to assist error. He said that based on all my ratings they should have evaluated me for TDIU. Still waiting to see what happens with that.

[Frostbite]

I filed 1yr and a half ago, denied, 1yr ago a HLR deemed a duty to assist, one year later it hasn’t moved, no one has picked it up, called over 35 times regarding this, had supervisors look into it and had it elevated and still now has even looked at it. Currently at %50 one of the claims is sleep apnea while I have a cpap, one is combat ptsd, and migraines, and TBI

[donnyboy]

brother this is exactly what i am dealing with right now

[southpaw-]

Yeah it's crazy. Duty to assist was admitted in higher level review but still denied the claim. Definitely wasted a year.

[arystorey]

If your higher level review gets approved this time around, how does the back pay work?

[worldcitizen]

I'm awaiting the results from my HLR informal conference that i had a few days ago. My HLR has just been closed as of yesterday.

What does this mean? Have they made a decision on the claim or what?

[anthonyespada]

Kind of off topic, but I just got diagnosed with prostate cancer. I'm already 100% p&t for 5 years. Is it worth filing for presumptive condition for the cancer? I'm only thinking about it is for DIC benefits for my wife. But if I wait another 5 years giving me 10 years 100% p&t, she will automatically get DIC benefits. Any recommendations would be greatly appreciated. Sorry for the off topic post.

[skival]

I just got rated at 30% for PTSD even though I told the examiner I had constand suicidal thoughts, have severe work and socal issues and more. Now what do I do?

[flowerchild]

I don’t get why something is on the Presumptive List, and then you get zero😳

[Drunkliberty]

sleep apnea - unable to delete; AMA RFA sent (Secondary)

This was listed in my claims but wasn't listed in my decision letter.

What does this mean? Can somebody help break it down easily?

[dlawso]

There should be a Duty to Assist law where a veteran can a boot up a VA employee's ass when they are not doing their job. 😐

[donniep.]

On my 3rd c&p for the same issue...lol

[jeffreygreen]

File pact act for prostate cancer and for SMC-L aid and attendance for your wife....another 850.00 per month...

[real-h]

Hire Berry Law, case law will win your case.