After HLR finds an error: what VA accepts and still needs

Separate facts VA accepts from work still needed

Use two headings in your notes: “What the letter recognizes” and “What the letter says is still needed.” Copy the wording and issue under each. VA can accept one fact, such as your diagnosis, while still needing information before deciding the claim.

What the correction can involve

VA explains that a DTA error found during HLR leads it to close the review, open a new claim, and gather the missing evidence. The correction letter identifies the steps VA will take.

Mark whether the letter names records, an examination, or a medical opinion. Beside each task, write who must do it: VA, you, or a provider.

Read VA’s letter after the call

An informal conference is an opportunity to identify errors. The written result tells you whether VA changed the decision, kept it the same, or found that it must fix a missed evidence-gathering step. Compare the issue in that result with the issue you discussed on the call.

See VA’s HLR outcomes guidance. After a DTA error, VA still has to gather the missing evidence and decide the claim. Read the next letter for what you need to do.

Questions to bring to your representative

• What does VA still need to know before deciding this issue?
• What action does the correction letter name?
• Does VA need something from me, or is VA obtaining it?
• Who should I contact if the letter differs from what we discussed on the call?

If someone suggests a clear and unmistakable error (CUE) challenge to a final decision, take the question to an accredited representative with the full decision. A DTA error alone does not tell you to file that challenge.

Complete the records or exam task in your letter

Use the DTA evidence guide for upload instructions, receipts, late medical opinions, and examination questions. For the review that led to this result, see the Higher-Level Review guide.

Keep letters, responses, and receipts together

• Original decision and the HLR result.
• Correction letter and the issue it names.
• Requested records or appointment notices.
• Your responses and submission receipts.

If an examination is scheduled, open C&P preparation. Compare other letter questions in the decision-letter scenarios.

Common questions