Mental Health disability appeals limits

[GBArmy]

I saw a comment on the internet that implies that you can only submit two appeals for any mental health condition as a supplemental or a HLR. After that, a third try you must go to the BVA for appeals. Does anyone know if this is correct and is there a reference we can look up?

[USMC_VET]

I wish i could give you definitive. i know for all appeals now you can go supplemental if you have new evidence, HLR to review decision and if denied there you need to go to BVA unless you have further new evidence and then cavc after that. you cant make a claim be denied and then just keep resubmitting it.

[GBArmy]

USMC_Vet I agree. But this was a talking head on a youtube channel and he made it sound like a veteran can only go twice on an appeal of a Mental Health decision (not other types of disabilities.) The third time he said you need to go BVA or higher. I've never heard of that restriction before. Hopefully he is misinformed.

[Buck52]

I think the supplemental lane you can add new evidence  but on to the HLR  Higher level Review you can't add any new evidence .

 This  in my opinion is just to get the claim that was denied in the supplemental Level  and on to HLR  its just a repeat of that  claim by a DRO OR SENIOR DRO...TO REVIEW TO WHOLE ENCHALDA  to  see if any mistakes were made in the supplement lane  that would maybe render an approval.

If the HLR DRO denies the claim  then on to the BVA  SOME VETS JUST GO ON TO THE BVA  & SKIP THE HLR.

As for as Appeals a Veteran has the right to Appeal all the way to  CAVC or Federal Court up  in Washington DC,  but would most likely need an attorney or a VA Accredited certified Claims Agent for representation .

I don't look for the HLR to last to much longer??  it don't make any sense to review something that's already been reviewed    >> So Basically  only if the DRO finds a mistake made by the rater in the supplemental lane or find a mistake  with evidence not been used ect,,,ect, that would be favorable to the veteran, he can over turn the decision..>>>  its good and its bad at the same time  its good if the DRO Approves the claim and bad if he don't...( waist of time ) vs  if he had went on to the BVA  and the Approval rate is a lot higher than in the HRL Lane

I think broncovet knows the stats on that...not sure?

A Veteran needs to be informed as what to do when /if he gets a denial  on any level lane.

especially if he/she don't know what to do?

[broncovet]

My opinion is you would not WANT to do a HLR or SCL more than twice.  In fact, I am not sure they are a good idea ONCE.   Regardless, the procedure is, if denied, and you wish to appeal, take it to the next higher level, as explained below.  

I think you want to get your claim to the BVA as soon as possible, when denied.  

Res Judicata suggests you an only appeal a HLR or SCL ONCE:

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.

 

[GBArmy]

Doesn't seem that what the guy was talking about was right; no one seems to have heard of some rule that prevents. I think I'd agree that a supplement claim and maybe, depending on if you believe there was a obvious error maybe a HLR, then VBA. But, there could be some situations why you would want to keep trying at the lower level of appeal. Let's say a veteran is rated 30% for depression; he wants to get re-diagnosed to PTSD because he has another disability, say OSA he wants also to get approved. We know that OSA can be an easier route to connect as secondary to PTSD. He might chose to try an other route to get the PTSD change via supplement. But for most instances, it wouldn't make much sense to try a supplement after denial on HLR.

[Buck52]

VA Diagnosed me for MDD  and also diagnosed me for chronic PTSD I FILLED A CLAIM ON THE PTSD  , AND NOT THE DEPRESSION I GUESS I COULD  BUT WE ONLY GET ONE OR THE OTHER  FOR DIRECT SERVICE CONNECTION.

 *I CAN FILE A CLAIM  SECONDARY TO MY PTSD FOR OSA, I BEEN DIAGNOSE  FOR SLEEP APNEA AND PRESCRIBE A  C-Pap MACHINE MEDICALLY  NESSESSARY TO USE..

SO FOR A VETERAN WITH MDD SERVERE DEPRESSION   CAN FILE A SECONDARY CLAIM FOR THAT   SAY HEARING LOSS,  HEARING LOSS MADE THE VETERAN DEPRESSED,. AND GET BOTH CLAIMS SERVICE CONNECTED

if approved ?  THERES SERVERAL SECONDAY CLAIMS THAT CAN BE FILED IF THE VETERAN DIRECT SERVICE CONDITION CAUSED OR IS RELATED TO ANOTHER CONDITION,

AS LONG AS IT IS A SEPERATE CONDITION THAT CAUSES THE SECONDARY CONDITION  BE CAUSE THEY ONLY GIVE ONE mental health rating  

PTSD & DEPRESSION ARE MENTAL HEALTH DIS- ORDERS    SO WE CAN'T HAVE BOTH, BUT YOU CAN BE DIAGNOSE FOR BOTH BUT ONLY ONE RATING....BUT REMEMBER THE SECONDARY'S THAT A VETERAN CAN FILE...FOR WHAT EVER THE CONDITION CAUSES OR IS RELATED TO...ITS  KINDA HARD TO UNDERSTAND  BUT THATS THE WAY I READ IT AND SEE IT...I COULD BE WRONG.

Edited September 19, 2020 by Buck52