ramp question

[gbat]

Hi All,

Trying to figure this out. In the Higher-Level Review lane, veterans’ claims will be review “de novo.” This means a senior claims adjudicator at the VA will take a look at their entire claims file. In this lane, the record is closed, meaning veterans cannot submit new evidence. The higher-level reviewer will look only at the records already in the veterans’ file at the time of the initial decision.

Does this mean they will only look at records at the time of the original claim or evidence I submitted for NOD for one, and a IMO for an appeal directly to Board. Nod going on 26 months and appeal to board states I am 180, 625th in line. Should I do it? my VFW VSO says don't do it.

Any advise will be helpful!

 

Thanks

Gbat

[Buck52]

Dang brocovet, I have a nice size grapefruit I'd sale you for half that price....

[KC3]

Good morning; My VSO is strongly encouraging me to opt in to the Higher level Review lane with the optional conference. 

With regards to submitting evidence, my letter says the following:

Higher-Level Review Lane

• select this option if you have no additional evidence to submit in support of your claim but you believe that there was an error in the initial decision. VA's goal is to complete these higer level reviews in an average of 125 days.
• A higher level review consists of an entirely new review of your claim by an experienced claim adjudicator.
• Factual findings that are favorable to you can't be changed unless there is evidence to the contrary that is clear and convincing.
• The Higher level Reviewer will only consider evidence that was in VA's possession at the time you opt in. Your or your rep will not be able to add new evidence during this process. 
• VA can't assist you in developing additional evidence. However if the higher level Reviewer discovers an error in the VA's duty to assist in the prior decision your claim will return to initial decision makers for correction of the error. 
• You or your rep can request an optional one time telephonic informal conference with the Higher Level Reviewer  to ID specific errors in the case. Requesting an informal conference may cause some delay in the processing of your HLR
• If necessary, you can use the supplemental claim lane after you receive  a decision if the HLR lane, by making an election for the further review within one year of the date on your decision notice. 

I am awaiting the completion of a DBQ and nexus letter from my specialist. The 4th statement tells me that I can submit new evidence for my appeal and then opt in afterwards. My VSO told me we can submit new evidence as well before opting into RAMP.  

Is this a misinterpretation on my part? 

Edited May 31, 2018 by KC3

[broncovet]

I suggest you read CCK's take on RAMP:

https://cck-law.com/news/cck-live-revisiting-ramp/

The way I read this, a Veteran can "Still" go to the BVA, CAVC, or Federal Circuit either before or after opting in to ramp.  AND, he can submit "new evidence" with RAMP.  To submit new evidence select : SUPPLEMENTAL process in ramp and not "higher level review".  

In short, Ramp seperates "new and material evidence" and (no new evidence).  When the Vet does this, the VA can then decide right away the claims with no new evidence and can still consider the new evidence.  

[Buck52]

SUPPLEMENTAL CLAIM LANE & “ENHANCED NOTICE”

In the Supplemental Claim lane, veterans must submit new and relevant evidence to be reviewed by adjudicators at the veterans’ Regional Office. In the legacy appeals process, veterans often struggle to know exactly what kinds of evidence they need to support their case. One part of the new appeals process – what VA is calling “enhanced notice” – will hopefully help veterans with this problem.

In the new appeals system, veterans will receive enhanced notice rating decisions. Though we have not yet seen examples of enhanced notice decisions, VA says that they will be more explicit about the evidence each veterans’ case is lacking. Each VA claim requires evidence to support each of the elements of service connection – 1) a current diagnosis; 2) an in-service disease, injury, or event; and, 3) a medical nexus, or link, between the in-service disease, injury, or event and the diagnosis. In enhanced notice decisions, VA will identify which of these elements of your case they believe needs more evidence or support.

If a veteran is denied in their Supplemental Claim decision, they can appeal to the Higher Level Review lane or the NOD lane within a year.

source :cck

[KC3]

Will they accept the extra evidence that I submitted with my NOD and other evidence I have submitted in the last 2 years? Regardless of the answer  it appears I am going to use the Supplemental claim lane due to the extra evidence I need to submit when I opt in. I should have opted in 2 weeks ago; I would have had plenty of time to submit the nexus and DBQ from specialist. 

[broncovet]

Smart move. If you even think you may want to submit additional evidence then opt in to RAMP, and use the supplemental claim lane, which allows new evidence. 

Yes, they should consider any evidence up until you "opt in" with either lane of ramp..the higher level or supplemental.