Form 20-0996

[paulstrgn]

I have a couple of basic questions, I think I know the answer but want to make sure.

On the form Box 13 states "If available, I would like HIGHER-LEVEL REVIEW conducted at the same office within the agency of original jurisdiction" Is it best to have the same office or go someplace else?

I am request a EED on a BVA grant. The BVA granted my case on 7/2/2019 andf the RO assigned the effective date and percentages on 8/23/2019. Which date do I list for the for the date of the decision notice? I am thinking it would be 8/23/2019. They gave the effective date of 7/2/2019 the date of the BVA grant. The BVA said they were deciding the case denied on 3/2016.

 

The effective date of this grant is July 2, 2019. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 C.F.R. §3.400)

38 CFR § 3.400 states in part:

"General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later."

 

The original claim was filed 7/25/2015 (first time I had ever filed for VA benefits), it was denied on 3/16/2016. Filed reconsideration on 9/27/2016 which was denied on 11/26/2016. Filed a HLR on 5/1/2017 upgraded to RAMP on 5/24/2018. HLR was denied on 8/15/2018. Filed with the BVA on 10/4/2018 and was granted by the BVA on 7/2/2019. Now I did everything within one year of each denial so I am thinking it should have an effective date of 7/25/2015.

Besides the two questions at the beginning. Is the VA correct on the 7/2/2019 effective date? At a minimum I would think it should go back to 5/1/2017.

Any help is always greatly appreciated.

 

Edited September 9, 2019 by paulstrgn
Posted before I was done adding in the questions.

[paulstrgn]

@lawbro Yes I did, The whole process took less than 45 days for the EED on SA (including retro pay). The VA for the hypertension is call it "correcting an error" and will be scheduling me for a new C&P to determine what my rating would be. I am not sure how long that portion will take.

But to be honest, I am not to concerned about the hypertension rating not being finished (it's currently 0%) because the rater made me 100% P&T back to Aug 2018. Originally I was only 100% not P&T.

Once the hypertension is decided it will just add to the percentages but won't change my final rating. I also do not expect any retro for the hypertension as well.

I have had good luck with HLR (I only had one denied) the rest were approved.

Good luck with your HLR

[lawbro]

@paulstrgn

Did you get confirmation when you faxed in your HLR request? If you did, how long did it take to get that if you remember? I faxed mine on the 20th and still not showing up in the system. I know it's only been 5 days (including Saturday and Sunday) but just trying to figure out if I should send by certified mail also just to make sure they get it.

This is the number i faxed to also:

• (844) 531-7818

[paulstrgn]

@lawbro I got the confirmation my fax machine printed, I did call the 800# about a week later to make sure it was in the "intake" system (can't remember what they call it) which it was.. It took about 3 weeks for it to show up in the system. I had faxed it on 9/10/2019 and I had a call and it was completed by 10/16/2019. Yes that is the fax number I sent it in to.

I have always faxed in my HLRs, I did fax my BVA and also mailed everything in to make sure.

If you faxed it in on 11/20 I would give it a few more weeks for it to show up in VA.gov (it won't show up in eBenefits).

Good luck.

[lawbro]

Hey @paulstrgn

I just had the informal conference call for my HLR. I think it went really well. Took about 2.5 months for them to get to it but the rater basically told me that if the IMO documentation supported my claim then that would be the most likely scenario that she went with also. She couldn't say 100% because she hadn't reviewed everything in my file (she said they always do the call first just to get an idea of my we submit HLR requests) but all in all I liked what I heard. Who knows though, we've all been let down by the VA multiple times. Said I should know something by next week. Thank you for your help through this!

[Guest]

3 hours ago, lawbro said:

Hey @paulstrgn

I just had the informal conference call for my HLR. I think it went really well. Took about 2.5 months for them to get to it but the rater basically told me that if the IMO documentation supported my claim then that would be the most likely scenario that she went with also. She couldn't say 100% because she hadn't reviewed everything in my file (she said they always do the call first just to get an idea of my we submit HLR requests) but all in all I liked what I heard. Who knows though, we've all been let down by the VA multiple times. Said I should know something by next week. Thank you for your help through this!

Lawbro, I have read through this post but this post got me a little confused. VA will only process and rate the claims you filed for.  "Everything in my file," sound like she will go through your file and process all your conditions/disability and she will not do that.  That would be great if VA would do that but that is too much like doing the right thing, oh and that would cause her extra work and you should know that she won't do that.

[lawbro]

Hi @pete992

What I meant by that was everything that was related to the claim regarding the HLR. Wouldn't that be great though if they did go through our entire files each time and help us make claims individually?