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Higher level review


SPO
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Question

I recently submitted a higher level review and was wondering if anyone has had good luck with them.  My basis for doing higher level review was 2 sided.  One, I was denied for no diagnosis, when both my doctor and a medical opinion the VA requested confirmed diagnosis and nexus.  However, the C&P examiner did not agree with the diagnosis, but provided no supporting information.  Second,  I am at about 9-10 months waiting to for my C-file to properly put a supplemental claim together, so even if I get denied higher level, it buys me some more to time to develop a good supplemental claim with my doctors input.  I am working on just some information the DAV was willing to relay to me about my file, I still haven't seen everything.  Thoughts?

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I am in my first HLR with the new system.  So far they have found an Error.  What does this mean?  No idea.  Maybe they find it in my favor, which would be great.  Now we play the wait and see game.  I honestly though it would just prolong the inevitable, but maybe they are doing their job this time.

It sounds like you went the route that works for you.  The HLR could work as it gives them another look at the claim and the rater could find the nexus and the other doctors opinion and reverse it.  I have noticed some RO look for one thing, a way to deny and nothing else.  So they will take the loose thread and pull it and run away with it.  

On your C-file that can be hard to get just keep fighting for it!

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SPO I think you have a good idea. If you expect that your c file will have even more evidence, extending the EED is a good strategy. I also suspect that if you are correct that the VA examiner didn't address your doc's reasons for s-c, you have a basis for CUE. And there is no time restrictions for filing CUE. Other experts can address that if you wanted to pursue that. But it is a harder thing to get approved and HLR, which is quicker and possibly easier to get a good decision on, may be your best bet for now. The examiner can't just dismiss your doc's evidence without reasoning (in theory, if they don't, how would a veteran know what to appeal on?) Go for the HLR IMO.

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I have had good luck and bad luck with HLRs. One was denied and the others were approved. Of the approved ones all but one was for an earlier EED the one was for them failing to give a C&P. 

HLRs are the same as with any VA claim (in my opinion) there are good examiners and so so examiners. I hope you get a good one. I am a firm believer in HLRs.

Goo luck!

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Hoping this HLR will fix the issue and I won't have to do a supplemental, but at least it will keep my effective date going.  I know the VA says 125 days is the goal, but I've also heard they are closing these things very fast. How long has everyone seen them taking?  Also I attached a copy of the little statement I added with the HLR paperwork.

 

image2015-10-11-085404_Redacted.pdf

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My HLR got denied.  Dude still went with the VA's NP opinion over my outside IMO from a forensic MD.  I had all three collusa (sic).  In service incident, treatment records, and MD opinion linking the service disability to the in service incident, and buddy letters.  I would easily win in an appeal.  Easily.  But since I'm a 100% P&T, I'll let the VA have it's meaningless victory.  Throw them a bone.  Good job guys.  You got me good.  If I wasn't 100% P&T, I would be stuck in appeals for years only to win.

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7 hours ago, GBArmy said:

SPO I think you have a good idea. If you expect that your c file will have even more evidence, extending the EED is a good strategy. I also suspect that if you are correct that the VA examiner didn't address your doc's reasons for s-c, you have a basis for CUE. And there is no time restrictions for filing CUE. Other experts can address that if you wanted to pursue that. But it is a harder thing to get approved and HLR, which is quicker and possibly easier to get a good decision on, may be your best bet for now. The examiner can't just dismiss your doc's evidence without reasoning (in theory, if they don't, how would a veteran know what to appeal on?) Go for the HLR IMO.

Please forgive my ignorance but every claim is not a CUE Claim.  A CUE Claim can only be filed once the claim has completely become final.  In this particular case, the veteran can still file a NOD and or Form 9 and take the claim to BVA. A veteran cannot use benefit of doubt with a CUE Claim.  By filing a NOD and or form 9 would be a lot easier than filing A CUE Claim and if the veteran wins would result in the same outcome as a CUE Claim but much, much easier. The claim would not be ripe for a CUE Claim but because the veteran simply file a NOD and or a form nine. 

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