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HadIt.com Anniversary 24 years on Jan 20, 2021
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Mental Health disability appeals limits


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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?

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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 th

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

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 furthe

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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.

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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.

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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?

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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.

 

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