Thompson

[BIG T]

Filed a VA Higher Level review in 3/20. Called 18008271000 today to check on status and they said it was at "Decision Review" stage. I asked why they have not called as I requested an informal conference on the form. The reply surprised me....they said the decider did not have to fullfil the request for an informal conference during the higher level review (even if requested) if they feel they have sufficient evidence to make a decision. Now I am nervous. Not that I had trememdous hope in the process but did think during the informal conference call I coudl at least relay my case for overturning the prior denial.  Is this true ? The VA does not have to honor the requested informal conference call during a higher level review if they feel they have sufficient evidence to make a determination  - or - could this possible be a positive sign...meaning they concurred with my request to overturn the prior rating and did not need to call me. Appreciate any insight any of you may have.

[ShrekTheTank]

They don't have to do anything they see as a waste of time.  They have the evidence in front of them, and if they feel nothing you can tell them will change their mind, meaning you only have evidence for A and not for B then what is the point of the call?

I don't know your claim, but lets assume there is a piece missing.  You have the diagnosis, and you have served in the military, but you are missing the stressor (an in service event).  

IMO the HLR is the worst route to take as it is just delaying he inevitable a trip the BVA.  

I have this issue with my dercum's disease.  it took 5 doctors to finally say what the condition was and the one finally showed how bad it was.  My disease has only been decided 3 times in BVA appeals.  Now I am fighting to sperate the scaring from my disease as they are both separate issues and both cause different paint and issues of their own.  It is funny the judge in my case told the RO not to combine then and then they did and the judge signed off on it.  So now I am at the CAVC and so the fight continues.  

I am hoping you get a good outcome, but the truth is the VA does what it wants.  sometimes they do the right thing.  

[broncovet]

Look at it this way:  Not many people complain when they are awarded benefits.  However, if you were denied, and they did not do the requested review, then you can complain about that in your nod.  

[GBArmy]

The advise given seems to me to be right on. The VA WILL do what it wants to do. That said, if the decision comes down and it isn't adequate, you certainly could appeal. If you get what you deserve I'm not sure I would bother, but that is up to you. If you want to do the back check, there may be guidance in their M21-1 manual. I'll bet there is conflicting directions so they can do it if they want. Or, you know, "may" instead of "shall" kinda thing.

[BIG T]

Thank you all for the advice. My background is - Gulf War Vet. Was discharged in 1991. 1992 finally went to VA in Atlanta for chronic sinusitis. Had surgery. Put in pain mess for fever and headaches. Filed claim. Was denied as not SC. Appealed and mom & dad wrote letters saying I never had problems before service in Persian Gulf and disease was related to burn pits and oil fires.  Denied again. On and on and more medical evidence, now also secondary sleep apnea and more surgeries. Finally someone told me I needed doc to say more likely than not related to service in the Gulf. Got Dr Bash to write that letter.  Re-filled claim denied again. Did not even mention Dr Bash letter and seemed to dismiss it outright. Now at Higher Level review.  Not sure why they totally dismissed Dr Bash letter but they did. Hoping HLR overturns as that combined with lay statements from 1996 should be sufficient unless they now dismiss any medical opinions from Dr Bash. Guess I have to wait to see. Was hoping phone call could allow me to make sure they looked at total record from 1992 forward but not sure they will.

[deedub75]

If the supplemental didn’t get you service connected then the HLR probably won’t either. Unless the DRO finds an error in the supplemental claim the he or she will just basically rubber stamp the previous decision. I’m service connected for sinusitis and allergies but I was diagnosed in service with both. Your best bet will probably be BVA. Also, they probably aren’t required to call if they have enough evidence to decide the claim. I filed an HLR and asked for a call and I missed the calls. Sometimes they only let it ring once and hang up and put a note in saying they called. I filed a supplemental with a nexus statement from my doctor and it was approved but they put the wrong effective date. I have an HLR hoping the DRO will correct but it will go to BVA if they don’t.

 

[Oceanbound]

Thompson, Don't forget to donate to Hadit