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

[Buck52]

ArmyRecruit85

Dr. . Anaise’ is a fair Dr  but  may not be familiar  with the new HRL?(Higher Review Lane)

 This HRL is just a review of your prior case if nothing as changed and you can't add any new evidence to your claim   they will look at the same claim you were denied on  and its a high probability you will be denied Again.

we can't say for sure you will be denied  we can only speculate.

You Mention this

''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.''

This is still not enough to win a sleep apnea claim, you need a Qualified Dr. or  Certified Specialist Sleep Dr to give his medical opinion your sleep apnea is the cause or related to***** and it is medically necessary for this Veteran to use his VA  prescribe C-pap machine every night.

A HRL(Higher Review Lane) is just a Senior DRO (Decision Review Officer) Looking over your claim and with no new evidence to present...well its  useless to proceed  to the HRL.  with no new evidence  because its not permitted in the HRL

instead of wasting a lot of precious time  Ask for the BVA Hearing.

 Of course It's your decision which way you want to go  were all here trying to help you save a lot of time and appeals.

Edited March 14, 2021 by Buck52

[Buck52]

JUST VENTING HERE''****  

I wish there were no such thing as the SUPPLEMENTAL CLAIMS LANE OR THE HIGHER REVIEW LANES  IT JUST CONFUSES THE VETERANS.

They need to fix this,  and when a Veteran presents all his evidence or has more evidence to submit to help him/her substantiate their claims they need to Allow it.   these claims would move faster and have a better Approval Rate. (jmo)

[ArmyRecruit85]

Thank you all for answering my questions.

The documents I received from the VA listed two options when appealing to the Board.

1. You may request a hearing with a Veterans Law Judge and/or the opportunity to submit additional evidence.

2. You may also choose for the Board to review your claim without any additional evidence or a hearing, which may result in a faster decision.

I don't have any new evidence, except I would like to include several prior VA decisions such as this one: https://www.va.gov/vetapp16/files3/1624350.txt, which is closely related to my case.

Which options do you recommend? Thanks.

 

P.s. I would like to add that Dr. Anaise's office has been very helpful. They promptly answered all my questions. Although they advise going with Higher Level Review, I think by asking questions here helps me understand all my options.

[john999]

I think adding a request to review prior decisions might be considered new evidence.  I think I would choose the option for new evidence.  This would give you the option to find some new evidence.  It is probably going to take some time anyway.  

[broncovet]

Buck and I are on the same page:  Dont check either box, and do a BVA (Board of Veterans appeals) instead of HLR (no new evidence) or SCL with new evidence.  

However, no, "BVA decisions" that are "not" yours are "not" new evidence.  The judges have access to other board decisions, at their discretion, to include these.  I personally "dont recommend" citing another board decision as evidence.  Reason:  BVA decisions are "non precedential".  The Board determines "facts found".  And, the facts found on your BVA case are almost certainly different than another 

Veteran, "even tho" he may well have had the same disorder as you do.  INstead, cite CAVC precedential cases, and those are often cited by the board decisions, so a BVA decision may well help you find precedential case law.  

Here is what to do instead:  

Ensure you have documentation of the Caluza elements.  If you do not, you will need those prior to SC.  

[ArmyRecruit85]

7 hours ago, broncovet said:

Buck and I are on the same page:  Dont check either box, and do a BVA (Board of Veterans appeals) instead of HLR (no new evidence) or SCL with new evidence.  

However, no, "BVA decisions" that are "not" yours are "not" new evidence.  The judges have access to other board decisions, at their discretion, to include these.  I personally "dont recommend" citing another board decision as evidence.  Reason:  BVA decisions are "non precedential".  The Board determines "facts found".  And, the facts found on your BVA case are almost certainly different than another 

Veteran, "even tho" he may well have had the same disorder as you do.  INstead, cite CAVC precedential cases, and those are often cited by the board decisions, so a BVA decision may well help you find precedential case law.  

Here is what to do instead:  

Ensure you have documentation of the Caluza elements.  If you do not, you will need those prior to SC.  

broncovet,

What is CAVC precedential cases and Caluza elements? I'm not familiar with those terms. Thanks.