Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    126%
    $1,903.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Higher level Review phone CALL


Question

I just had my phone call from HLR person last week (not the same office who did the denial) .  I'm seeking service connection for sleep apnea as a secondary condition. I have everything documented EVERYTHING I mean EVERYTHING. My question is about the phone call experience. I was suppose to have it with my representative present but this wasn't the case due to DAV office being in-operational.  So I had it and was asked for the reason of my seeking  service connection. I explained my side and the person conducting the call agreed and also pointed out evidence that was over looked and not written in the denials.  My question is about what was said afterwards. "I'm going to channel this claim to the right place and you may or may not have someone call you or need another exam not sure how they are doing things now, during places being closed up."  Does this mean they made a mistake and need to correct it? Does this mean another C&P exam for sleep apnea?  Has anyone ever experienced the HLR phone call with the caller saying what was said to me?  What does this mean to you???

Below is what transpired since July 2018.

Filed fully developed claim July 9, 2018

Had C&P exam October 1,2019

Denial October 7,2019

NOD/Supplemental Claim filed on October 25,2019 with more evidence. More evidence filed on October 26,2019.

Denial November 6,2019 

Higher Level Review (requested informal call ) Submitted November 15,2019

HLR call June 4,2020

 

Link to post
Share on other sites
  • Answers 13
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0
27 minutes ago, kanewnut said:

I think the VA is now using the NATIONAL WORK QUE. It is my understanding that any RO can work on a case. 

 

It is my understanding that you can’t submit new evidence with a HLR. I don’t know if an HLR person can request a C&P exam and then use it in their determination. If the HLR person can do that then they would have the final say before you get your decision. If the HLR person can’t do that then I think it would go back into the NWQ for an RO to look at and if you weren’t satisfied with their decision then you could request another HLR review.

There is an appeals management center (AMC) in St. Petersburg, FL. I’m not sure if that’s the only AMC. Before the new appeals process went live they hired a bunch of people to work appeals down there. The person who conducted the phone call from MN was likely a VSR and the DRO is likely at the AMC. They can order new exams or medical opinions as they see fit. Back to back HLRs aren’t allowed. The next step would be a supplemental a then on to BVA. 

Link to post
Share on other sites

  • 0
  • Moderator

FYI

What should I expect if I request a call with a senior reviewer?

If you request an informal conference with a senior reviewer on the Higher-Level Review option, they’ll call the phone number that you or your representative provided on the Higher-Level Review form to schedule a time to discuss your case with you. The senior reviewer will try to reach you or your representative by phone twice. If no one answers, they’ll leave a voice mail.

During the call, you and/or your representative can talk about why you think the decision should be changed and identify errors. There won’t be transcripts of this call.

What should I expect if I request a hearing with a Veterans Law Judge?

You have the option to request a hearing with a judge. A video conference hearing will take place at a VA location near you.

At your hearing, you and the judge will have a conversation. The judge will listen to your testimony. The judge may ask you a few questions. Your representative, if you have one, may help you at the hearing.

The hearing will be transcribed and added to your appeal file. You can add new and relevant evidence within 90 days after the hearing, but it isn’t required.

What if I want to choose a different review option after I’ve already submitted a form?

If you’ve submitted a form and want to change your review option, you can send in a new decision review request form within 1 year from the date on your VA decision. You must include a letter that says you want to withdraw your existing review and switch to a different option.

If you requested a Board Appeal and want to switch to a different appeal option, you can send in a new Board Appeal form with a different option selected. You can switch appeal options within 1 year from the date on your VA decision or 60 days from the date you submitted your original form. You can’t select a different appeal option if you’ve already submitted evidence or had a hearing.

How do I opt in if I want my legacy claim or appeal to be considered in the modernized system?

You may be able to opt in to the modernized review system after receiving a VA Statement of the Case (SOC) or Supplemental Statement of the Case (SSOC).

For an SOC dated before February 19, 2019, you must continue with the legacy appeals process.
Return VA Form 9 (PDF) to the VA regional office within 60 days from the date on the Statement of the Case to continue your appeal.  

For an SOC dated on or after February 19, 2019, you have 2 options:

  • You can continue the legacy appeals process.
    Return VA Form 9 (PDF) to the VA regional office within 60 days from the date on the Statement of the Case. 
  • Or opt in to the new decision review process.
    You have 60 days from the date on the Statement of the Case to opt in to the new decision review process. 

For an SSOC dated on or after February 19, 2019, you have 2 options:

Link to post
Share on other sites
  • 0
13 hours ago, Buck52 said:

FYI

What should I expect if I request a call with a senior reviewer?

If you request an informal conference with a senior reviewer on the Higher-Level Review option, they’ll call the phone number that you or your representative provided on the Higher-Level Review form to schedule a time to discuss your case with you. The senior reviewer will try to reach you or your representative by phone twice. If no one answers, they’ll leave a voice mail.

During the call, you and/or your representative can talk about why you think the decision should be changed and identify errors. There won’t be transcripts of this call.

What should I expect if I request a hearing with a Veterans Law Judge?

You have the option to request a hearing with a judge. A video conference hearing will take place at a VA location near you.

At your hearing, you and the judge will have a conversation. The judge will listen to your testimony. The judge may ask you a few questions. Your representative, if you have one, may help you at the hearing.

The hearing will be transcribed and added to your appeal file. You can add new and relevant evidence within 90 days after the hearing, but it isn’t required.

What if I want to choose a different review option after I’ve already submitted a form?

If you’ve submitted a form and want to change your review option, you can send in a new decision review request form within 1 year from the date on your VA decision. You must include a letter that says you want to withdraw your existing review and switch to a different option.

If you requested a Board Appeal and want to switch to a different appeal option, you can send in a new Board Appeal form with a different option selected. You can switch appeal options within 1 year from the date on your VA decision or 60 days from the date you submitted your original form. You can’t select a different appeal option if you’ve already submitted evidence or had a hearing.

How do I opt in if I want my legacy claim or appeal to be considered in the modernized system?

You may be able to opt in to the modernized review system after receiving a VA Statement of the Case (SOC) or Supplemental Statement of the Case (SSOC).

For an SOC dated before February 19, 2019, you must continue with the legacy appeals process.
Return VA Form 9 (PDF) to the VA regional office within 60 days from the date on the Statement of the Case to continue your appeal.  

For an SOC dated on or after February 19, 2019, you have 2 options:

  • You can continue the legacy appeals process.
    Return VA Form 9 (PDF) to the VA regional office within 60 days from the date on the Statement of the Case. 
  • Or opt in to the new decision review process.
    You have 60 days from the date on the Statement of the Case to opt in to the new decision review process. 

For an SSOC dated on or after February 19, 2019, you have 2 options:

That surely explains the options leading up to the call. Now the call is over and now I have to wait it out.  

Link to post
Share on other sites
  • 0
  • Moderator

Roger That!!!

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 46 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines