Should I request Higher-level review conducted at the same office?

[ArmyRecruit85]

I'm filing VA Form 20-0996 requesting a higher-level review of my claim denial. There's a section on the form that states:

"IF YOU WOULD LIKE THE SAME OFFICE THAT ISSUED YOUR PRIOR DECISION TO CONDUCT THE REVIEW, YOU CAN MAKE THAT REQUEST BY
CHECKING THE BOX BELOW."

Should I check the box? 

Thanks.

Edited March 12, 2021 by ArmyRecruit85

[GBArmy]

ArmyRecruit85 Welcome to Hadit. You haven't stated much evidence on what's going on, so I would answer, probably not. Under the AMA new set up, HLR's can be put in a national queue so anyone can just grab the next one in line, so in theory, it would make your appeal go a little quicker. Add to the fact that the HLR MAY also know the original rater and somehow that might taint the decision process, I wouldn't request the same RO. You also have an additional choice or whether or not you want to speak to the HLR. You don't have too you know. If it is as plain as day that the original decision was incorrect, the evidence must show without adding any new evidence introduced. Some people get all toung tied and don't trust that they can add anything to the conversation. Really depends on the veteran and the facts presented. One thing is that requesting a call from the HLR to discuss your claim should also delay somewhat (few weeks?) your claim process also.

[broncovet]

My advice:  Dont do a HLR.  Do a BVA appeal instead.  Its my opinion that you cant submit new evidence and its likely to be "re" denied, so you may as well go to bVA from the get go, rather than wasting time with HLR.  Not everyone agrees. 

[Buck52]

9 hours ago, ArmyRecruit85 said:

I'm filing VA Form 20-0996 requesting a higher-level review of my claim denial. There's a section on the form that states:

"IF YOU WOULD LIKE THE SAME OFFICE THAT ISSUED YOUR PRIOR DECISION TO CONDUCT THE REVIEW, YOU CAN MAKE THAT REQUEST BY
CHECKING THE BOX BELOW."

Should I check the box? 

Thanks.

This is a trap, They get you there  then deny.

I agree with broncovet  head on over to the BVA, UNLESS YOU KNOW YOUR CLAIM WILL BE APPROVED IN THE HLR?

what has changed? remember we can't submit new evidence in the HLR.

[El Train]

I've heard of people succeeding a HLR, but I sure didn't on a couple of tries.  I even had a forensic MD state 'more likely as not, caused by in-service training accident' and is still seeking treatment since getting out of service.  And the fu%*s still denied me.  I'm 100% P&T smc-s, other wise I'd appeal it and win.  But I'm good.  I stand to gain nothing other than a victory. Probably give me 0% anyway. 

[ArmyRecruit85]

Thanks everyone for answering my questions. I'll briefly describe my claim.

I'm filing a claim for sleep apnea secondary to major depressive disorder with panic disorder and / or tinnitus. Service connection for both conditions were already established in prior claims.

I was diagnosed by a VA doctor as having moderate sleep apnea and issued a CPAP to use at home. I have been using it for more than a year now.

To establish nexus I obtained an IMO from Dr. David Anaise.

I sent everything over to the VA back in January and recently got an answer from the VA denying my claim. This is what they wrote:

"We have denied your claim for service connection for sleep apnea as secondary to major depressive disorder with panic disorder and/ or tinnitus because there is no medical evidence of a nexus between sleep apnea and major depressive disorder with panic disorder and/ or tinnitus."

Dr. Anaise’s office recommends I file a Higher Level Review. They said my case is sound. It just needs to get to the right people who understands it.

Based on what I read on this forum so far, the success rate for HLR has been depressing low. Do you think I should still go with HLR now that you know more about my case? Or should I just go directly to BVA?

Thanks.
 

[GBArmy]

Go to BVA, no question. You file HLR on this and it will be a rubber stamp denial.