Jump to content
!! Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
VA Disability Claims Community Forums - Hadit.com

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Changes Ownership

Higher Level Review works

gunner1

By gunner1
in Success Stories

 Share

Recommended Posts

gunner1 Rookie

gunner1

Posted
Posted

Just wanted to thank everyone on this site, I have been a long time reader and don't post much.  As of yesterday my higher level review I submitted in July closed out.  I went from 90% to 100% P/T, I have been back and fourth with the VA since 2016 on this issue.  The best thing I have learned from everyone here is to get as much evidence as possible and to get Lay statements if possible, it pays off in the end.  I was very optimistic if the higher level review works but it did for me.  Don't let the VA get you down keep fighting for what is right.

  • Like 3
Link to comment
Share on other sites
  • Replies 35
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

gunner1
gunner1

Just wanted to thank everyone on this site, I have been a long time reader and don't post much.  As of yesterday my higher level review I submitted in July closed out.  I went from 90% to 100% P/T, I

gunner1
gunner1

it closed out for me on day 126 and was processed in St. Petersburg Florida.

Kuwaitin08
Kuwaitin08

If you requested it, they will call you to discuss your higher level review. It typically takes a month or so for that phone call. Make very sure you are 100% prepared for that phone call with your ar

Posted Images

  • Content Curator/HadIt.com Elder
Vync Grand Master

Vync

Posted
  • Content Curator/HadIt.com Elder
Posted

Congratulations! That is a huge win! You are indeed correct that evidence, including lay statements, makes a difference.

How long did the entire HLR process take for you?

  • Like 1
Link to comment
Share on other sites
  • Content Curator/HadIt.com Elder
Vync Grand Master

Vync

Posted
  • Content Curator/HadIt.com Elder
Posted
24 minutes ago, El Train said:

Did they call you?  Any follow up? C&P?  Letters?  I'm going through one now.  Just started.  I believe I have the evidence on my side.

Thanks.

On the VBA-21-0958 form, section III, they ask if you would like to be contacted by telephone. If you checked that box and provided the details, they are supposed to call you. I included a screenshot of their call back policy (from the instructions on the same form):

image.thumb.png.4739ec9347c60de53696cdf0febbd939.png

 

On my CUE sent in late Sep 2019, I used the HLR form and another form, but on the HLR form I opted to get a call. Still waiting to get a call, but I'm monitoring the status on va.gov and calling weekly to check on it.

Link to comment
Share on other sites
  • 3 weeks later...
  • 2 weeks later...
Kuwaitin08 Enthusiast

Kuwaitin08

Posted
Posted (edited)
On 11/20/2019 at 4:17 PM, El Train said:

Did they call you?  Any follow up? C&P?  Letters?  I'm going through one now.  Just started.  I believe I have the evidence on my side.

Thanks.

If you requested it, they will call you to discuss your higher level review. It typically takes a month or so for that phone call. Make very sure you are 100% prepared for that phone call with your arguments and exact information that you believe was missed.
 

If they find any issues with your higher level review they will send you for more exams. I was sent for six different exams.

Edited by Kuwaitin08
Typo (see edit history)
  • Like 2
Link to comment
Share on other sites
El Train Rising Star

El Train

Posted
Posted
16 hours ago, Kuwaitin08 said:

If you requested it, they will call you to discuss your higher level review. It typically takes a month or so for that phone call. Make very sure you are 100% prepared for that phone call with your arguments and exact information that you believe was missed.
 

If they find any issues with your higher level review they will send you for more exams. I was sent for six different exams.

Just got the phone call last Friday.  I pointed out the missed evidence by the VA C&P examiner and the solid IME I got from an MD linking everything together.  Probably still get denied, but worth a shot.

Link to comment
Share on other sites
  • 3 months later...
NCVetGirl Rookie

NCVetGirl

Posted
Posted

Has anyone received a HLR informal conference as of late? Given the recent pandemic concerns just wondering if this is slowing down the HLR process. I submitted HLR request (for one disability item) on January 31 and I have not received a call for the informal conference (I did request). My claim has been in the Ready for Decision phase for about 30 days. I have been prepared for my 10 minutes for a very long time. Thinking it may be closer to the 126 to get a conference. Thanks in advance!

Link to comment
Share on other sites
  • 3 weeks later...
GoNavy1775 Rookie

GoNavy1775

Posted
Posted

I'm in the HLR process now.  They flatly denied my original claim without using my DBQs I sent in and in the denial letter, they never mentioned the DBQs either.  I'm in about day 70 so far.  Yesterday the VSO said the status is "ready for a decision"

This is my first time really dealing with this.  When I got out of the Navy in 2002, about 6 months later I got a letter saying I was 40% rated and I'd get X dollars per month.  I never did a thing.  I realized that the DAV officer that reviewed my medical records must have submitted on my behalf.

Now, I'm going after an increase with secondary issues.  Finger crossed as now I feel like they might simply deny it all again.

 

Link to comment
Share on other sites
Hucast21 Collaborator

Hucast21

Posted
Posted
3 hours ago, GoNavy1775 said:

I'm in the HLR process now.  They flatly denied my original claim without using my DBQs I sent in and in the denial letter, they never mentioned the DBQs either.  I'm in about day 70 so far.  Yesterday the VSO said the status is "ready for a decision"

This is my first time really dealing with this.  When I got out of the Navy in 2002, about 6 months later I got a letter saying I was 40% rated and I'd get X dollars per month.  I never did a thing.  I realized that the DAV officer that reviewed my medical records must have submitted on my behalf.

Now, I'm going after an increase with secondary issues.  Finger crossed as now I feel like they might simply deny it all again.

 

Well, if you do get denied again, I would seek representation from a well-known law firm. Depending on how strong your claim is, you might get a law firm that would upfront the cost of an IMO, which you would pay back from your retro.

More often than not, claims are won at the BVA level in my opinion. At least at the BVA, a veterans law judge (VLJ) will look at all of your evidence in your C-file.

  • Like 1
Link to comment
Share on other sites
GoNavy1775 Rookie

GoNavy1775

Posted
Posted
11 minutes ago, Hucast21 said:

Well, if you do get denied again, I would seek representation from a well-known law firm. Depending on how strong your claim is, you might get a law firm that would upfront the cost of an IMO, which you would pay back from your retro.

More often than not, claims are won at the BVA level in my opinion. At least at the BVA, a veterans law judge (VLJ) will look at all of your evidence in your C-file.

What sucks more is that two of my buddies that used the same firm to put their packages in for them both got through and rated at 100% and all they sent were DBQs as well.  I asked one of the team here to take a look at my DBQs as I can't decipher them.  I'm curious what they'll think.

Link to comment
Share on other sites
GoNavy1775 Rookie

GoNavy1775

Posted
Posted
16 minutes ago, Hucast21 said:

Well, if you do get denied again, I would seek representation from a well-known law firm. Depending on how strong your claim is, you might get a law firm that would upfront the cost of an IMO, which you would pay back from your retro.

More often than not, claims are won at the BVA level in my opinion. At least at the BVA, a veterans law judge (VLJ) will look at all of your evidence in your C-file.

And by the way, my DBQs I provided were from an independent Doctor. 

Link to comment
Share on other sites
Hucast21 Collaborator

Hucast21

Posted
Posted
3 minutes ago, GoNavy1775 said:

What sucks more is that two of my buddies that used the same firm to put their packages in for them both got through and rated at 100% and all they sent were DBQs as well.  I asked one of the team here to take a look at my DBQs as I can't decipher them.  I'm curious what they'll think.

It really depends on the regional office and whoever is looking at your claim. My RO is St. Petersburg, who are notorious for not doing their job.

Granted, I know Florida has the third-highest veteran population in the country, and the VA staff might be under staffed and overworked, but that is not an excuse to totally disregard your own CFR’s in rating disabilities and/or overlook strong probative evidence in the veteran’s favor.
 

 

Link to comment
Share on other sites
GoNavy1775 Rookie

GoNavy1775

Posted
Posted
1 minute ago, Hucast21 said:

It really depends on the regional office and whoever is looking at your claim. My RO is St. Petersburg, who are notorious for not doing their job.

Granted, I know Florida has the third-highest veteran population in the country, and the VA staff might be under staffed and overworked, but that is not an excuse to totally disregard your own CFR’s in rating disabilities and/or overlook strong probative evidence in the veteran’s favor.
 

 

That is basically what we wrote in the HLR...

"Claim for increase cervical spine and add bilateral radiculopathy.  Private DBQ submitted and not used.  Against 38 CFR 3.326 (b) and (c) and M21-1, paragraph III.iv.3.D.2.d.  My DBQs are sufficient for rating purposes."

I was under the assumption wherever you are located, that is where the person reading your file will be as well?  

Link to comment
Share on other sites
Hucast21 Collaborator

Hucast21

Posted
Posted
3 minutes ago, GoNavy1775 said:

And by the way, my DBQs I provided were from an independent Doctor. 

Then most likely a HLR is not going to do anything and the VA will continue denying service-connection. I hope I am wrong and I would be happy if I am.

The rater for my claim denied service-connection for my disabilities and sided with the unfavorable C&P exam from an NP over an IMO from a board-certified specialist.

I didn’t know if I should have laughed or cried when I read the SOC.

Link to comment
Share on other sites
Hucast21 Collaborator

Hucast21

Posted
Posted
6 minutes ago, GoNavy1775 said:

That is basically what we wrote in the HLR...

"Claim for increase cervical spine and add bilateral radiculopathy.  Private DBQ submitted and not used.  Against 38 CFR 3.326 (b) and (c) and M21-1, paragraph III.iv.3.D.2.d.  My DBQs are sufficient for rating purposes."

I was under the assumption wherever you are located, that is where the person reading your file will be as well?  

Your file will be read by a rater where your original claim was filed at your RO.

Link to comment
Share on other sites
GoNavy1775 Rookie

GoNavy1775

Posted
Posted
6 minutes ago, Hucast21 said:

Then most likely a HLR is not going to do anything and the VA will continue denying service-connection. I hope I am wrong and I would be happy if I am.

The rater for my claim denied service-connection for my disabilities and sided with the unfavorable C&P exam from an NP over an IMO from a board-certified specialist.

I didn’t know if I should have laughed or cried when I read the SOC.

Bear in mind this is an increase request with a request for secondary issues due to the already rated problem.  So they know the original issue is at least valid.  My battle buddies/shipmates all used the same format to submit, they are all now sitting at 100%, and I'm fighting with them for not doing their job. Lol.  I guess this part of the country isn't a good place to be a veteran.  People have died at this VA after all.  

Link to comment
Share on other sites
GoNavy1775 Rookie

GoNavy1775

Posted
Posted
2 minutes ago, Hucast21 said:

Your file will be read by a rater where your original claim was filed at your RO.

the original from when I got out in 2002?  Or the original that I put in a few months ago and they denied, and now I'm asking for a HLR?  I'm assuming here in Arizona?  Thats were I'm located and registered at this VA.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
 Share
Go to topic listing
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept