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Higher-Level Review: What is it and should you do it?
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- Опубликовано: 15 мар 2021
- There are a few things you should know about the VA's Higher-Level Reviews before you decide to take that option.
As always, if you'd like me to help you with your disability claim, the easiest way is to schedule a call with me through my website, walshvetlaw.com/contact-me-fo....
You can find the VA's form to request a Higher-Level Review here: www.va.gov/decision-reviews/h...
The HLR reviewer approved my service connection even after a C&P doctor’s negative opinion. He must have been a veteran too.
Those decisions are rare and worth celebrating!
That sucks, being a veteran in the medical field I would've understood the crap you gotta wade through more than a civilian or non-Vet. Seeing that you were approved, it shows some of these dudes are messed up and negative towards their own kind.
Waiting on my HLR now. Had a phone call with HLR rep on July 10 and they found duty to assist errors. Was a deviated septum injury from service and secondary obstructive sleep apnea. Was denied and didn't appeal in time. Refiled, and they denied again. I appealed and they denied again. I asked for HLR and they found duty to assist errors. They didn't consider the burn pits I was exposed from four combat tours or PTSD among other things. Hoping they come to their senses. They did give me 0% on my deviated septum even though I'm 50% or more obstructed. My nose almost completely caves in when I try to breath through my nose
Good info- thank you
Thanks for watching!
This process used to be known as "Decision Review Officer appeal".
Question. I was denied service connection for one of my claimed conditions which was athletes foot. I do not have good medical evidence however i did submit a witness statement from a former 1sg. I have not saw the decision rationale yet however i did request an hlr conference. Do you think this route is worth it or a waste of time?
I don't know enough about your situation to say one way or the other. But going into an HLR conference, make sure you are able to explain why the VA was wrong which will be harder without knowing the decision rationale.
When you ask for an increase will the VA actually lower your initial rating even if your condition got worse?.
The VA cannot lower a veteran's rating without first giving them notice and an opportunity to fight it. If a veteran asks for an increase, that may lead to a C&P exam, which may show an improvement in the condition, which could lead to a notice of reduction, and then a reduction.
i did a higher level review and he found 5 duty to assist errors the va admitted error and i am in the process of having them corrected
I went HLR for GERD. Went from 0 to 10%, but that is still a low ball. All my symptoms fall under 30%.. how does one prove severity of symptoms.? I cleary stated that this effects me everyday negatively. Its like they just ignored that part.
say someone was denied for a claim 10 YEARS ago, but was approved this year for the exact same thing. Can the veteran apply for a hlr for an earlier effective date for 10 years ago.
Whether you win this is pretty complicated and depends on whether the VA made errors, what the errors were, and what evidence was in your file. It's not a question that I could answer without looking at your c-file first. But if there is potentially a 10 year old mistake out there, it's probably worth your time to find someone to review your c-file and find out.
Say you file a claim and you get denied then you file a supplemental claim and get denied again,can you file another supplemental claim?or are you done with that claim.
As long as you have new and relevant evidence, you can file new supplemental claims forever.
I am going to have an HLR on ptsd the va missed my lay statements the va said they could not find evidence of my stressors hoping my lay statements will give me a win
Good luck. Different stressors require different evidence. If it's not too late, when you file the HLR ask for an informal conference and at the conference ask the rater what evidence you need that is missing.
How long do they usually take?
Currently at 50 percent combat ptsd filed for a higher level review
I wish I had a good answer for you. The VA says HLRs take 125 days which is about 4 months. I never expect a decision earlier than 6 months. But just know that the VA can take however long it wants.
I DID it! lol just waiting on the decision.
Waiting on my HLR now. Had a phone call with HLR rep on July 10 and they found duty to assist errors. Was a deviated septum injury from service and secondary obstructive sleep apnea. Was denied and didn't appeal in time. Refiled, and they denied again. I appealed and they denied again. I asked for HLR and they found duty to assist errors. They didn't consider the burn pits I was exposed from four combat tours or PTSD among other things. Hoping they come to their senses. They did give me 0% on my deviated septum even though I'm 50% or more obstructed. My nose almost completely caves in when I try to breath through my nose
They ONLY look at the claim in question??
Not hardly once filed hlr they look at whatever they want and make changes
Can you do a supplemental after the HLR?
I had the VA Board of Appeals accept and GRANT my appeal. The next day, the Regional Office awarded zero percent compensation. Should I submit and HLR?
PTSD, Anxiety, Migraines secondary to head trauma, and OSA. The VA granted 50% OSA with CPAP use, but took 30% saying it was a pre existing condition...?? That was then a 20% rating. My attorney filed a Higher level review and I have several nexus letters in file. How the hell did the VA say OSA was pre existing? I didn't have OSA when I entered MEPS, Hopefully the Higher level review officer corrects a blatant error. we will see. We fought for our country, now it's time to fight for yourself, never quit the battle with the VA.
What does it mean when hlr says; you’ve been diagnosed with disability? But doesn’t tell you what percentage
There are three things every veteran has to prove before they can get a disability rating. Proving they have a disability is just one of those things. This video might help: ruclips.net/video/vLjIX1wdXMY/видео.html
You like all other making these types of confusion videos fail to in deep also mention that "...If the rater negligently denied the claim(s) that falls under the"Presumtives " drama, why Veterans should not file for higher review? Under the Presumtive Theory?
Higher level review is a complete waste of time. 90%+++ come back as either a denial or a duty to assist error. Duty to assist error then gets you on the merry go round at the regional office as a supplemental claim. Which of course they will deny again...
If you have additional evidence, then go supplemental claim.
If the VA rater got it wrong, then appeal to the board of veterans appeals.
Sometimes I feel the same way about HLRs, but for certain claims, it is a better option. To use your example, if I think a claim is going to get sent back to the Regional Office for a duty to assist error, I'd rather get there faster with an HLR than wait an extra year for the BVA to do the same thing.
Disagree more eyes on a claim is better