Higher level review

[SPO]

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?

[SPO]

Spoke to DAV and they said I was denied on the same basis as the original claim.   I was somewhat expecting this but it got my effective preserved while I finish building a supplemental.  However, the letter did say that the found some new evidence that was received after the initial claim closed and they couldn’t use it in the HLR. I have no idea what it could be and DAV didn’t see anything new.  Any one else have this happen.

[GBArmy]

SPO, what I would try is go to the RO and ask them what they can tell you about disclosing what the "new" evidence is. The VA does have a duty to assist, but I assume your next move will be supplement claim. You will need new evidence; if they told you what it was you could figure out whether it is enough or you will need more. Research M21-1 VA manual. Maybe 

I.1.A.1.c.  Amendment to 38 U.S.C. 5103

PL 106-475 amended 38 U.S.C. 5103  to require VA to notify the claimant of any information not previously provided that is necessary to substantiate the claim.  The PL provided that such information shall be received by VA within one year from the date of the notification.