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

[Buck52]

Joey Ross

All a HRL Claim is  is Basically  a REVIEW of your supplemental claim by a Decision Review Officer...and if he can't find any discrepancies  or any thing they missed  your claim will more than likely be denied again....after a denial in a supplement claim its best to just head straight to the BVA and not waist anymore time from what you been through already  its been 2 years since you filed your original claim.

I am not sure how long it takes the BVA to get to your claim or how logged down they are  but when they do its more than likely to be approved  unless they remand it back to your R.O. and say here fix this Veterans claim.  ect,,,ect,,,

[Joey Ross]

8 hours ago, Buck52 said:

Joey Ross

All a HRL Claim is  is Basically  a REVIEW of your supplemental claim by a Decision Review Officer...and if he can't find any discrepancies  or any thing they missed  your claim will more than likely be denied again....after a denial in a supplement claim its best to just head straight to the BVA and not waist anymore time from what you been through already  its been 2 years since you filed your original claim.

I am not sure how long it takes the BVA to get to your claim or how logged down they are  but when they do its more than likely to be approved  unless they remand it back to your R.O. and say here fix this Veterans claim.  ect,,,ect,,,

When I had call for Higher level review, I was told it looked like when claim was denied that they didn't even look at my treatment records from VA PTSD clinic, and I told her how badly the C&P exam doctor treated me.

[Berta]

Joey- when I mentioned buddy statements, it does not mean I doubt your claim at all.

You have a GOOD claim.

It is just that the VA will ignore probative evidence ,if they think they can get away with it----

And the remedy for that is a CUE claim.

It is possible that ,with all the evidence you sent to them, they will make a fair decision.

You are not alone in the basis of your claim - a VARO denied this vet and he succeeded at the BVA.

In Part:

"The Veteran served on active duty from August 1972 to August 
1975, and from September 1977 to September 1994.  His service 
included a temporary duty assignment to Saudi Arabia from 
April 1991 to June 1991 in support of Operation Provide 
Comfort, and that the Veteran's unit was part of a joint task 
force that performed a security mission.  Several incidents 
were noted in May 1991 and June 1991, where the Kurds 
conducted demonstrations and other acts of violence.  The 
Veteran claims that his most traumatic experience was the 
riot that took place when the troops had to stop the Kurdish 
from getting through their blockades.  
The Veteran's service personnel records include a temporary 
duty assignment to Saudi Arabia from April 27, 1991, to June 
28, 1991, that additionally verifies the Veteran's reports of 
stressors.  Furthermore, Defense Personnel Records verified 
the activities of the 284th Military Police Company to 
include deployment as part of Joint Task Force Bravo during 
Operation Provide Comfort and that unit's performance of a 
security mission.  Additional historical information obtained 
showed that several incidents occurred during May 1991 and 
June 1991, in which the Kurds conducted demonstrations and 
other acts of violence.  A history submitted by the 3rd 
Battalion, 325th Infantry documents the unit's involvement in 
Operation Provide Comfort as part of the Joint Task Force 
Bravo.  Those service personnel records, Defense Personnel 
Records and the statement written by the Veteran's fellow 
serviceman which corroborate his account of an incident when 
the Veteran's brigade had to stop the Kurdish from getting 
though the blockade are sufficient to verify the Veteran's 
reported stressors."

and :

"Because the Veteran's PTSD diagnosis was based, at least in 
part, on a corroborated stressor, the Board finds that it is 
at least as likely as not that the evidence of record 
demonstrates that the Veteran's PTSD is due to a verified 
stressor event during his service.  Therefore, the Board 
finds that service connection for PTSD is warranted.  All 
reasonable doubt has been resolved in favor of the claimant 
in making this decision.  Gilbert v. Derwinski, 1 Vet. App. 
49 (1990)."
https://www.va.gov/vetapp09/files2/0911049.txt

There seem to be  a few more cases at the BVA that involve the Kurd protests.

I will post here anything I find.

With JSRRC so backlogged, the RO should  consider the evidence they have from you.

But us hardcore claimants here have learned that the VA will break their own regulations,to the claimant's detriment.

I still have old letters from my Congressman and two state senators.The VA told them that SSA refused to release my husband;s records to them and that was a bold faced lie. Those records could have meant he would see his 00% P & T award in his lifetime, but instead , I as the survivor, had to fight them over their lies - there were more than more , and they did award posthumously, 100% SC P & T for PTSD, and Section 1151 (malpractice award)

You do have a good claim! And you have probative evidence!

But many of us here , sending VA everything we need for a proper award, have had to deal with levels of incompetence that the VA should be ashamed of....incompetence within he C & P exam system, within their medical care, and within the VA claims process,itself.

You all deserve so much better!!!!

I have been reading BVA decisions for decades and they hold a wealth of info- but I cannot tell in above claim, if JSRRC provided the evidence from the Joint Task Force report. or if the veteran himself provided it.

BVA decisions do not contain all of the evidence that was used to make an award-I learned that when they awarded my AO DMII claim.I had hoped others could read the decision and see what evidence I provided.It was for undiagnosed untreated AO DMII- and they awarded direct service connected death.

 

 

 

 

 

 

 

 

 

 

 

 

Edited April 19, 2021 by Berta
added more

[Joey Ross]

10 hours ago, Buck52 said:

Joey Ross

All a HRL Claim is  is Basically  a REVIEW of your supplemental claim by a Decision Review Officer...and if he can't find any discrepancies  or any thing they missed  your claim will more than likely be denied again....after a denial in a supplement claim its best to just head straight to the BVA and not waist anymore time from what you been through already  its been 2 years since you filed your original claim.

I am not sure how long it takes the BVA to get to your claim or how logged down they are  but when they do its more than likely to be approved  unless they remand it back to your R.O. and say here fix this Veterans claim.  ect,,,ect,,,

The letter also states they have my service personal records

[Berta]

Interesting- they said "possible verification of  stressor as needed".

Maybe they realised they have enough.

[Joey Ross]

10 hours ago, Buck52 said:

Joey Ross

All a HRL Claim is  is Basically  a REVIEW of your supplemental claim by a Decision Review Officer...and if he can't find any discrepancies  or any thing they missed  your claim will more than likely be denied again....after a denial in a supplement claim its best to just head straight to the BVA and not waist anymore time from what you been through already  its been 2 years since you filed your original claim.

I am not sure how long it takes the BVA to get to your claim or how logged down they are  but when they do its more than likely to be approved  unless they remand it back to your R.O. and say here fix this Veterans claim.  ect,,,ect,,,