Had a Higher-Level Review (HLR) and the VA found a Duty to Assist (DTA) error for your GERD/hiatal hernia claim? 🤔 Here’s what typically happens next: 🔵 Your HLR is closed, and your file goes back to the Rater to address the DTA issue. 🔵 No Expedited Timeline: Sadly, DTA remands aren’t treated as “rush jobs,” so expect the usual VA delays. 🔵 Next Decision: Once the Rater finishes, they’ll issue a new decision. If that decision still isn’t right, you can go back to HLR, file a Supplemental Cl
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Had a Higher-Level Review (HLR) and the VA found a Duty to Assist (DTA) error for your GERD/hiatal hernia claim? 🤔 Here’s what typically happens next: 🔵 Your HLR is closed, and your file goes back to the Rater to address the DTA issue. 🔵 No Expedited Timeline: Sadly, DTA remands aren’t treated as “rush jobs,” so expect the usual VA delays. 🔵 Next Decision: Once the Rater finishes, they’ll issue a new decision. If that decision still isn’t right, you can go back to HLR, file a Supplemental Cl
317 viewsFeb 24, 2025
FacebookHill and Ponton, P.A.
Veterans often ask what qualifies as a Clear and Unmistakable Error (CUE)—and how that’s different from a duty to assist error. The distinction is critical. Here’s the rule for a true CUE: A decision is CUE only if, based on the law and evidence that existed at the time, the decision was clearly wrong. No new evidence. No hindsight. Just that moment in time. What is NOT a CUE (duty to assist errors): • VA failed to get records • VA didn’t order an exam or ordered a bad exam • VA missed Social Se
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Veterans often ask what qualifies as a Clear and Unmistakable Error (CUE)—and how that’s different from a duty to assist error. The distinction is critical. Here’s the rule for a true CUE: A decision is CUE only if, based on the law and evidence that existed at the time, the decision was clearly wrong. No new evidence. No hindsight. Just that moment in time. What is NOT a CUE (duty to assist errors): • VA failed to get records • VA didn’t order an exam or ordered a bad exam • VA missed Social Se
103 views3 months ago
FacebookHill and Ponton, P.A.
What Is a VA Duty to Assist Error?
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What Is a VA Duty to Assist Error?
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YouTubeHill and Ponton, P.A.
VA Duty to Assist Error - Higher Level Review Explained #shorts #higherlevelreview #veteransbenefits
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VA Duty to Assist Error - Higher Level Review Explained #shorts #higherlevelreview #veteransbenefits
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YouTubeVA Made Easy by The Vet Law Office
How to Spot a VA Duty to Assist Error
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How to Spot a VA Duty to Assist Error
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HLR Stalled After Duty to Assist Error? Try This Instead
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HLR Stalled After Duty to Assist Error? Try This Instead
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YouTubeHill and Ponton, P.A.
VA’s Duty to Assist Can Make or Break Your Claim: VA Errors Explained
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VA’s Duty to Assist Can Make or Break Your Claim: VA Errors Explained
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Can a Higher Level Review Solve Your Duty to Assist Error?
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Another Common VA Duty to Assist Error
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Decode VA Terminology: Duty to Assist Error - What You Need to Know!
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Spot the VA Duty to Assist Error Before It's Too Late
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My VA Decision Says Duty to Assist Error, What Does That Mean?
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Duty To Assist Error #VALaw #VA #VAAttorney #Veterans #VeteransDisability #BVA #VeteransAffairs
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VA Duty To Assist Error!!! OH NO WHAT IS THIS? WHAT DO I DO?
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VA Admits They SCREWED UP! How to Turn Their Duty to Assist ERROR Into a WIN!
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YouTubeVA Made Easy by The Vet Law Office
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A veteran asked whether reviewing the C&P exam request form can expose errors for a Higher-Level Review (HLR) or appeal, especially when the examiner wasn’t given access to CAPRI records, service records, or private medical evidence. This is an excellent—and often overlooked—strategy. Here’s what many veterans don’t realize: • C&P examiners do NOT automatically see your entire file • They only review what the VA adjudicator sends them • The exam request form shows exactly what evidence the exami
109 views3 months ago
FacebookHill and Ponton, P.A.
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A veteran advocate asked: "Working on a case from 1975 — MST verified, but VA denied payment because they diagnosed depression and anxiety, not PTSD. Should I file a supplemental or HLR? Also, can anemia be linked to toxic exposure from M2 burners and leaded gas?" 👉 Here’s the deal: If MST (Military Sexual Trauma) was verified, the VA must still consider any diagnosed mental condition that resulted from that trauma — not just PTSD. If the VA didn’t evaluate depression or anxiety in relation to
219 views6 months ago
FacebookHill and Ponton, P.A.
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CAR vs. HLR: The Fastest Way to Fix an Obvious VA Error
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YouTubeJackson & MacNichol
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A veteran received multiple VA decision letters denying upper and lower extremity neuropathy, yet one of those same decisions includes a favorable finding stating the VA exam shows a diagnosis of diabetic neuropathy. The C&P examiner didn’t give a clear opinion, and one side was deferred. What now? Here’s the critical question first: 👉 Are you already service-connected for diabetes? If yes, this becomes much simpler. VA has already conceded the diagnosis of diabetic neuropathy in its favorable
73 views3 months ago
FacebookHill and Ponton, P.A.
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CAUGHT ON TAPE: I Recorded my Call with the VA - Duty to Assist Error
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VA's Duty to Assist Veterans' Claims and Common Errors
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VA Disability Claim Duty To Assist (DTA) Errors and Live Q & A Session
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VA Duty to Assist Errors - C&P Exam Mistakes #shorts #lawyer #vacourt
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