HLR denial letter 5th time. Should I just let it go??

[doc25]

At this point, I've become another statistic of the VA hamster wheel for a claim appeal that has merit for acquired pes planus. This has gone on for far too long and I'm pretty much done with it. I'm not one to give up, but I learned a long time ago to pick my battles. 

I am 100% scheduler with an FCE looming around February 2021 for PTSD and Depression. If I get reduced afterwards, I might revisit the flat foot appeal with new and relevant evidence that I have. I have until Aug 13 2021 to appeal. 

[doc25]

9 hours ago, Buck52 said:

 I would ask for a BVA HEARING BY A JUDGE.

 vets in the ques I heard through the grapevine  the travel board is suppose to start send out letters for veterans to opt in to the virtual hearings, if your schedule for a hearing date and was cancel or you ain't heard anything due to covid-19   they are going to do these hearings  by virtual  hearings.

If a Veteran is scheduled a hearing at his R.O....And has been waiting ..he may receive a letter from the travel board  letting him know he can opt to the virtual  hearing.

I believe this in in the works?

 

[Buck52]

Looks like probative evidence to me.

 

NO SENSE AS TO WHY THEY DENIED YOU 5 TIMES?

 But yes keep on going  never quit  you quit they win.

Find you a good experience attorney  or  VA  Accredited Claims agent to Rep you.

Hadit Mod broncovet can give details as to how you may not have to pay the Attorney or Claims agent  and the VA Pays your court fees.

I am not sure how you would go about doing that but it can be done broncovet can explain it better than I can.

he may chime in on this

Edited August 25, 2020 by Buck52

[broncovet]

Its my opinion its a mistake to get a HLR multiple times.  Go to the BVA, if the BVA fails, get an attorney and go to the CAVC.  (attorney is free under EAJA if you hire an attorney to the CAVC in almost all circumstances.)  

I dont use HLR at all.  Here is why.  "Res Judicata".  

Res is the term which prevents things like doing a HLR 5 times.  

Quote

res ju·di·ca·ta

/ˌrēz ˌjo͞odiˈkätə,ˌrās/

 

noun

LAW

 

1. a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.

If you lose at the VARO, then check the statistics at the BOARD.  I did, and you have about 75 percent chance of either a win at the Board or a Remand.  (where you could win provided that you fix what caused a remand).

Only about 20 to 25 percent (less if you use an attorney) of claimants lose at the BVA.  And, if you do lose, again, you can "probably" get an attorney to represent you at the CAVC for free, as I have done, 3 times.  I eventually won everything, but not until I got an attorney for the CAVC.