Appeals Process and Evidence

[glashutte]

Hello. For future reference is someone able to answer the following:

 

If we appeal our initial VA claim based upon VA showing not service connected, are we able to file an appeal using evidence that we have already submitted IF we feel the VA actually did NOT look at the evidence previously submitted?

in other words does the evidence for this type of appeal HAVE to be new? Or can we do some kind of appeal to have the original evidence reviewed 

[GBArmy]

glashutte You can appeal by HLR, where you don't have additional evidence. You also could appeal to the BVA and chose the no additional evidence lane as well. If you can convince the DRO that the evidence is there and s-c is the reason why you were denied, the HLR might be your quickest option. Other than time, you don't have anything more to lose.

[glashutte]

Thank you! This answer is very helpful and helps kickstart my research 

[broncovet]

GB Army is spot on.  You can appeal with or without new evidence.  HLR is one method, but you can also appeal to the BVA if you feel VA did not read your evidence.  (It happens a lot).  

Remember, better than 3/4 of the claims which reach the board are either remanded or overturned (awarded).  This means there was one or more errors in the original claim about 80 percent of the time, and that error was "not" in the Veterans favor.  

[vetquest]

It seems that VA errors never go in the veteran's favor.  I would go with an HLR with the statement that the evidence might have been overlooked.  You should see a list of the evidence they reviewed and your information should be on this list in your decision.  If it is not, you know they did not consider it.  If it is listed on the "evidence" portion of the letter then they may not have given it reasonable weight or ignored it.  The BVA chastised the RO in my appeal when enough consideration was not given to lay evidence.  This does not appear to be an isolated incident.  

[paulstrgn]

I would suggest submitting the evidence again when you file an HLR. I always make sure they have the evidence I want looked at every time I file, no matter how many times before I had submitted it. 

Good luck!

[glashutte]

If submitting for an HLR for ONLY condition A in claim #1, can the senior reviewer decrease or revoke any % decision made by the junior reviewer for conditions A-Z for claim #1?