Questions on higher level review

[osidevet]

Trying to get information on a Higher Level Review after Supplemental was denied for tinnitus with what I think are errors in the denial letter. Specific questions about the HLR:

1. Does the reviewer discuss issues, or just listen?
2. How long would the interview last?
3. Can I submit a statement along with the HLR Form to describe the specific items from my denial letter for discussion, or is it only verbal?

Also, the difference in hearing between entry and separation exams is 15-20db, but the C&P examiner stated that no "shift in audiometric thresholds were reported". How can this be? I must be missing something.

Thank you.

[GBArmy]

osidevet Different DRO's will conduct them a little differently but just to give you a ballpark on your consers:

It's a dialog; they are going to ask you why you are appealing. Could take 15-20 minutes. Depends on how you want to play it. You can be a little vague and try to convince them when you have your conference call. Again, the difference in the reading taken for your hearing is a factor, but not a major factor. Your HLR is for tinnitus, not hearing loss. So all you are doing is showing that you also had some hearing loss as well, but it isn't the main evidence. What was your experience in the service that exposed you to the loud noises or events that caused your tinnitus. What was your MOS??? Look it up to see if it is considered a likely candidate for hearing degradation. Again, it's for hearing but it is supporting evidence. Your MOS is already part of your service record so, not new evidence. Hopefully you had a statement in support of your claim that talked to why you suffered noise exposure

[osidevet]

GBArmy - yes, MOS is already conceded by VA, and I did provide a personal statement that described noise exposure. The reason I ask about the entry and exit hearing tests is that the VA is denying service connection, and in my mind this clearly shows hearing degradation and noise exposure which would lead to onset. I cannot get my head around the statement by the examiner that there was no shift in audiometric thresholds when it is clearly in my service medical record.

I just don't know what to expect during the HLR, I hope it is a dialog so I can point out several factual errors stated in the denial. It appears that they misstated facts and then used that to reach a false conclusion, which frankly makes me look like I am lying even though the record is clear.

I very much appreciate your comments and advice, thanks.

Edited May 12, 2020 by osidevet

[broncovet]

My advice on HLR after an SCL?   Dont do it, but see below.  

I know its tempting to try to save the time going to BVA, but it normally costs time, not saves it.  

Your VARO has made it abundandantly clear they "dont want to grant" EVEN with new evidence on SCL.  

Instead, go to the BVA, right away, instead.   About 80 percent of BVA appeals are granted or remanded.  Dont take my word for it tho, read it for yourself:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

It "almost" appears you are confusing HLR with a hearing at the Board or maybe a hearing  at the  VARO, since you are asking how "long the interview lasts".  

If you re read the stuff on HLR, they offer an "option" of a conference call..maybe that is what you mean?

https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf

Submitting additional evidence isnt permitted with HLR.  

 

 

Edited May 12, 2020 by broncovet

[osidevet]

29 minutes ago, broncovet said:

My advice on HLR after an SCL?   Dont do it, but see below.  

I know its tempting to try to save the time going to BVA, but it normally costs time, not saves it.  

Your VARO has made it abundandantly clear they "dont want to grant" EVEN with new evidence on SCL.  

Instead, go to the BVA, right away, instead.   About 80 percent of BVA appeals are granted or remanded.  Dont take my word for it tho, read it for yourself:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

It "almost" appears you are confusing HLR with a hearing at the Board or maybe a hearing  at the  VARO, since you are asking how "long the interview lasts".  

If you re read the stuff on HLR, they offer an "option" of a conference call..maybe that is what you mean?

https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf

Submitting additional evidence isnt permitted with HLR.  

 

 

Yes, I was referring to the HLR conference call, that is the path that was suggested and I don't quite know what to expect. Thanks.

[GBArmy]

osidevet You have asked questions regarding the HLR appeal and we have answered. But to be honest, I agree with bronc 1000%. It is just my opinion but the only  time I would recommend using HLR is if there was an obvious goof up by the VA, like reading a number wrong or reason for the findings wasn't even in your claim as if they confused your claim facts with  someone else. It has to be a slam dunk that your appeal should be granted. If it is a gray area, don't bother. Either go with BVA as Bronc suggests or get more evidence, strengthen your claim and go again. You already had two shots at this. If you have the facts, go BVA IMHO.

[Vync]

A number of years ago, I had an in-person DRO/NOD review. Nowadays, they are handled like HLRs and can be over the phone.

I went in prepared and didn't want to waste their time at all. I explained the errors I found and the laws/evidence backing me up. To my humor, they actually admitted the person who denied my claim made a "stupid mistake". The meeting lasted about 25 minutes. 

I submitted a HLR earlier this year regarding a legal issue involving a claim unrelated to disability compensation. To my surprise, a VA attorney called me to discuss the details and we spent over two hours going over everything. In the end, it appears to be a case of how you read the laws. Once I get the decision letter, I'm going to follow up with a veterans lawyer to get their interpretation.