Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Higher level review

Rate this question


SPO

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?

Link to comment
Share on other sites

Recommended Posts

  • 0
29 minutes ago, El Train said:

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.

As always it would be your call to pursue and take your claim to BVA even though you are rated 100% P & T.  The meaningless victory is  telling VA you do not need the extra $300.00 a month/pay check if you meet the SMC level.

Link to comment
Share on other sites

  • 0
1 hour ago, El Train said:

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.

I was 100% P&T when I filed my HLR for the VA not rating my hand correctly. THe VA agreed with me and moved my 100% P&T date back a few months and I received a retro of over $3K. So even if you are 100% P&T you can still when and in my case receive some retro. 

In my opinion you should never give up if you are correct. When you give up the VA wins and you lose,

 

JMO

Link to comment
Share on other sites

  • 0
3 hours ago, pete992 said:

As always it would be your call to pursue and take your claim to BVA even though you are rated 100% P & T.  The meaningless victory is  telling VA you do not need the extra $300.00 a month/pay check if you meet the SMC level.

I'm at smc-s now.

Link to comment
Share on other sites

  • 0
2 hours ago, paulstrgn said:

I was 100% P&T when I filed my HLR for the VA not rating my hand correctly. THe VA agreed with me and moved my 100% P&T date back a few months and I received a retro of over $3K. So even if you are 100% P&T you can still when and in my case receive some retro. 

In my opinion you should never give up if you are correct. When you give up the VA wins and you lose,

 

JMO

I hear you.  I'm pursuing back pay to 93 as it is.  Even if my HLR was approved, it would've got back dated to when I received 100% P&T.  I have back dated appeals on other issues that will get approved prior to that, that should get me back pay.  I'm also smc-s without the HLR approval.  

Link to comment
Share on other sites

  • 0
10 minutes ago, El Train said:

I'm at smc-s now.

Yes, this means you could possibly be entitled to an earlier effective date of your 100% P & T and your SMC-S.

At this point any corrected rating would/could change your overall combined rating to include your effective dates.

Edited by pete992
Link to comment
Share on other sites

  • 0

My higher level review closed yesterday.  I am assuming that because no update was given that they were correcting an error, or any changes on ebenefits or my letters means it was denied I was somewhat expecting that, but was hoping I wouldn't have to deal with a supplemental claim.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use