Higher level review

[Joey Ross]

OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.

 

Edited June 3, 2021 by Joey Ross

[Joey Ross]

37 minutes ago, Buck52 said:

Yes and  show them the regulation on the stressor criteria from July 2010  

Read CFR 38 3.304 (f)  make copy send in as your evidence for your stressor

The Department of Veterans Affairs (VA) is amending its adjudication regulations governing service connection for posttraumatic stress disorder (PTSD) by liberalizing in some cases the evidentiary standard for establishing the required in-service stressor. This amendment eliminates the requirement for corroborating that the claimed in-service stressor occurred if a stressor claimed by a veteran is related to the veteran's fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of PTSD and that the veteran's symptoms are related to the claimed stressor, provided that the claimed stressor is consistent with the places, types, and circumstances of the veteran's service.

This amendment takes into consideration the current scientific research studies relating PTSD to exposure to hostile military and terrorist actions. The amendment acknowledges the inherently stressful nature of the places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing. With this amendment, the evidentiary standard of establishing an in-service stressor will be reduced in these cases. The amendment will facilitate the timely processing of PTSD claims by simplifying the development and research procedures that apply to these claims.

DATES:

Effective Date: This final rule is effective July 12, 2010.

Applicability Date: This final rule applies to an application for service connection.

Thank you

30 minutes ago, Buck52 said:

Joey Ross,

I think I remember reading a post you made some times back maybe 3/5 months back

Was you denied and this is Appealed  by you or your VSO?

 OR IS THIS YOUR FIRSST TIME CLAIM  for PTSD and your still waiting on a decision? due to they can't find your records  to prove your stressor?

 How long as your claim been under prosecution? or waiting for more information?

It maybe that the covid 19 has slowed these claims down and people working from home  ect,,,ect,,, and just have not got back to your claim just yet?

I realize this coronavirus has slowed down everything   especially the process of Veterans claims.

denied Feb 2020 HLR started may, origional claim date Feb 2019

[Berta]

This thread seems to involve a HLR ( Higher Level Review)- maybe I am wrong because I dont understand some of the advice here.

This statement is on the back of the 20--995

https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf

 

"IMPORTANT: Please read the information below carefully to help you complete this form quickly and accurately. Some
parts of the form also contain notes or specific instructions for completing that part.
Use this form to request a HIGHER-LEVEL REVIEW of the decision you received. A HIGHER-LEVEL REVIEW is a
new review of an issue(s) previously decided by the Department of Veterans Affairs (VA) based on the evidence of record at
the time VA issued notice of the prior decision. The higher-level reviewer WILL NOT consider any evidence received after
the notification date of the prior decision. This form must be submitted to VA within one year of the date VA provided notice
of our decision. For additional information on the HIGHER-LEVEL REVIEW process or a list of review options that allow VA
to consider new evidence and how to file, visit https://www.va.gov/decision-reviews/."

Hopefully this is evidence the VA has had, probably since a Supplemental claim was filed?

If not can someone explain  to me how this evidence is to get into the record now, because this is a higher level review-and per the VA , no new evidence will be accepted by the HRL.

 

[Joey Ross]

3 hours ago, Berta said:

This thread seems to involve a HLR ( Higher Level Review)- maybe I am wrong because I dont understand some of the advice here.

This statement is on the back of the 20--995

https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf

 

"IMPORTANT: Please read the information below carefully to help you complete this form quickly and accurately. Some
parts of the form also contain notes or specific instructions for completing that part.
Use this form to request a HIGHER-LEVEL REVIEW of the decision you received. A HIGHER-LEVEL REVIEW is a
new review of an issue(s) previously decided by the Department of Veterans Affairs (VA) based on the evidence of record at
the time VA issued notice of the prior decision. The higher-level reviewer WILL NOT consider any evidence received after
the notification date of the prior decision. This form must be submitted to VA within one year of the date VA provided notice
of our decision. For additional information on the HIGHER-LEVEL REVIEW process or a list of review options that allow VA
to consider new evidence and how to file, visit https://www.va.gov/decision-reviews/."

Hopefully this is evidence the VA has had, probably since a Supplemental claim was filed?

If not can someone explain  to me how this evidence is to get into the record now, because this is a higher level review-and per the VA , no new evidence will be accepted by the HRL.

 

That's what gets me. I can't give new evidence but VA can request more.

[Buck52]

I can only think that this HLR  is a complete review of his SCL claim..and since they never used his evidence for his stressor and his C&P Examiner mention his stressor  IN HIS/HER REPORT was he in fear for his life and was in a hostile war zone  and the stress he was under recovering ''decoy mind fields) I AM SURE HE SENT THIS IN  WITH HIS SUPPLEMENTAL CLAIM? I hope...

NOT SURE WHY HE WAS DENIED?  OTHER THAN THEY MENTION THEY COULD NOT FIND HIS RECORDS  BUT HE WROTE OUT HIS STATEMENT OF CLAIM IN DETAIL  FROM THE ABOVE MENTIONED    >>I  WOULD THINK ANYWAY?

I hope the DRO can read this and approve his claim   with that said I have not read his denial reason?

or VA  CUE THREMSELFS,, If they did not read his evidence  and it will change the outcome of his claim   Hopefully the DRO can find it. and approve his claim  back to Feb 19 /2019

Ms  BERTA IS CORRECT WE CAN'T SUBMIT NEW OR RELEVANT EVIDENCE IN THE HRL.

[Buck52]

It MAY NOT BE TO LATE TO CANCEL THIS HRL  AND HEAD STRAIGHT TO THE BVA.

[Joey Ross]

51 minutes ago, Buck52 said:

I can only think that this HLR  is a complete review of his SCL claim..and since they never used his evidence for his stressor and his C&P Examiner mention his stressor  IN HIS/HER REPORT was he in fear for his life and was in a hostile war zone  and the stress he was under recovering ''decoy mind fields) I AM SURE HE SENT THIS IN  WITH HIS SUPPLEMENTAL CLAIM? I hope...

NOT SURE WHY HE WAS DENIED?  OTHER THAN THEY MENTION THEY COULD NOT FIND HIS RECORDS  BUT HE WROTE OUT HIS STATEMENT OF CLAIM IN DETAIL  FROM THE ABOVE MENTIONED    >>I  WOULD THINK ANYWAY?

I hope the DRO can read this and approve his claim   with that said I have not read his denial reason?

or VA  CUE THREMSELFS,, If they did not read his evidence  and it will change the outcome of his claim   Hopefully the DRO can find it. and approve his claim  back to Feb 19 /2019

Ms  BERTA IS CORRECT WE CAN'T SUBMIT NEW OR RELEVANT EVIDENCE IN THE HRL.

I had a bad C&P from private doctor contracted by VA that was reported by a few veterans