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Buck52

Higher level or supplemental review NOD 21-0958 no good to NOD

Question

On the hadit podcast show today 4/11/19   6:00pm

Alex had mention  if you filed a 21- 526 ez and was denied you got 4 places you can work  you can't NOD that denial  and RAMP Does not  exist any more I believe he said since Feb 19th 2019 (New System) everything that happens after Feb 19th

we need  new a ''Ravalent<ms-... evidence or New & Material Evidence and its  called a supplemental review  to disagree with the decision but NOD (21-0958) do not exist anymore at the RO Level to keep your claim alive   its called a supplemental review.

Different forms #;s

Maybe I didn't hear him correct ? but I replayed the show and  this is what he mention

The Higher level  review is what we need to Basically NOD a decision   but you can submit new and ''Ravalent  evidence  or new  & material evidence  including Buddy letters   ect,,,ect,,,

This is all News to me.???

I will go back and listen to the a show archives  hadit podcast show with Alex and Jerrel on 4/11/2019 6:PM Show.

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Please keep posted on that. I got denied on RAMP and now I can go supplemental or BVA via RAMP but not HLR. 

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Not sure what forms you need

But you posted this in my thread and copying it here:

Any claims filed on or after February 19, 2019, will be worked under the new appeals system.  If you currently have pending appeals in the legacy system and you did not opt your appeals into the RAMP program, they will continue to be worked under the legacy system.  The plan is for the VA to work all of the legacy appeals until all appeals are under the new system, though this process could take years to complete.  The VA will be conducting reviews of appeals in the legacy system and new system simultaneously.

Under the new system, once a veteran receives a decision, he or she still has one year from the date of the decision to appeal it.  If the veteran decides to appeal the decision, he or she must choose between three appeal avenues or lanes: Higher Level Review, Supplemental Claim, or file a Notice of Disagreement (NOD) directly to the Board of Veterans Appeals.

Higher Level Review

Currently, there are two Regional Offices conducting Higher Level Reviews: Seattle and St. Petersburg.  In the Higher Level Review lane, a more senior VA adjudicator (called Decision Review Officers in the Legacy system) will perform a de novo review of your file and make a decision based on the evidence already of record.  De novo means that they will review your appeal without regard to prior decisions and make a decision based on their view of all of the evidence.  In this lane, you are basically getting a different person to review the same evidence because you cannot submit new evidence in this lane.  There is no duty by the VA to assist in gathering additional evidence or records; the decision is made based on the evidence in the record. This lane in the RAMP program could potentially be utilized for extremely blatant and obvious errors that could be easily rectified without the need for additional evidence.

Supplemental Lane

In the Supplemental Lane, new evidence is required to reopen a previously denied claim or file for an increased rating of a service-connected condition.

The Supplemental Lane will be conducted at various Regional Offices throughout the United States.  In this lane, new evidence is required to reopen a previously denied claim or file for an increased rating of a service-connected condition.  The evidence must be “new and relevant” to the claim; “new” meaning not previously submitted or received by the VA and “relevant” meaning significant and related evidence to the issue you are claiming.  For example, the new and relevant evidence could be evidence of symptoms warranting an increased rating or a nexus opinion for service connection. In the Supplemental Lane of the RAMP program, the VA has a duty to assist the veteran in developing or finding evidence for their claim.  For example, if you send correspondence stating that you have been receiving treatment at a specific facility and give details of the time period, providers, and other related issues, the VA has a duty to try and find these records for you.  The more specific you are, the easier it will be for the VA to find the records.  However, it may be better for you to get the records and send them to the VA as new and relevant evidence so that you know they will be added to your file.

NOD Direct to the Board

I find this to be the most interesting change in the new system.  In the legacy system, a veteran had to wait to get a rating decision and then appeal it with an NOD. Then the veteran had to wait to receive a Statement of the Case and then file a VA Form 9 to get in line for review at the Board.  This process could take an average of at least 3+ years.  The new RAMP program cuts out Statement of the Cases and VA Form 9s allowing veterans the ability to appeal directly to the Board after receiving a rating decision.  This could potentially save a lot of time for more complicated issues that would likely not get granted at the Regional Office, like non-presumptive Agent Orange conditions.

If a veteran chooses to file an NOD directly to the Board, there are three review options to choose from:

Direct Review: This lane will most likely be the fastest lane at the Board. It is a review by the Board based on the evidence of record at the time of the prior decision.  This means that additional evidence cannot be filed and there is no request for a hearing.  The Board makes a decision based solely on the evidence of record.

Evidence Submission: This lane allows for submission of additional evidence but within 90 days of filing the NOD. There is no request for hearing so the Board makes their decision based on the evidence of record and any additional evidence filed within the 90 day period.

Hearing: This lane will most likely be the slowest lane as additional evidence can be submitted and there is a request for hearing. This means that evidence can continue to be submitted until the Board schedules and conducts a hearing with the veteran.

There are many similarities but also differences between the legacy system and the RAMP program’s appeals system.  It is important to know your options moving forward with your current appeals and any future appeals.  These changes are expected to go into effect February 19, 2019, and we will continue to update on these changes as we enter this new chapter in VA appeals.

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Lets hope Alex "writes this up" either here or on ASKNOD website, as I cant hear half of what they say, and it so frustrating to me, I dont listen at all.  

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think I got find out about this my appeal is before Feb 19. To many route to choose.

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Posted (edited)

Mr cue

If your Appeal was before Feb 19  then it should stay in the traditional Legacy claims process.

if your in doubt  call the 1-800   if no help there call or go to your local R.O. ask to see a supervisor. 

if they opt you into this new system called RAMP be sure to choose the supplemental Lane.  depending on your evidence ,if you need more evidence to submit then the supplemental lane is the way to go.

 HLR (Higher level review ) You can't submit any more  or new evidence  and the Direct Lane  also you can't submit any new evidence  they will base their decision on your existing evidence and probably be denied.again.

Edited by Buck52

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