HLR or back to board

[SPO]

As of today, my appeal was officially closed.  Overall I won.  I was granted 100% P&T, even after some additional exams.  However they effective date only went back to July 2020 (date of my last c&p),  I originally submitted in November 2018.  So missing close to 2 years of pay.   The supplemental claim which this appeal was based on did grant me a couple items, which were dated all the way back to November 2018.   That decision stated this was because the claim was continuously pursued. My appeal was filed less than a month after the supplemental decision, so in a timely manner. This appeal implementation decision did not use that logic and decided the date of the c&p was the first time they had evidence (I was given 0% rating from November 2018 to July 2020 on most items).  Now the question is do I HLR and try to argue they used 2 different methods to determine effective date based on the same evidence, or take it right back to the board?  one guy at DAV said take it to the board so they don’t mess with anything else, but I’m not sure if there is any truth in that.

[Vync]

@SPOThat's fantastic! Congratulations!

[pacmanx1]

Congratulations!

[Jake206th]

SPO, that is great that you won on an HLR, congrats!

If you don't mind me asking, did you submit your arguments on a form 21-4138, or just a letter?

And did you skip the informal phone conference?

Also, which regional office location processed your HLR?

I have read some locations have better success rates for HLR's than others. And also that there are only certain locations even processing them.

 

 

 

I am not a lawyer, and nothing I have written is legal advice, it is just how things appear to me based on my limited understanding, and therefore may be incorrect.

Edited February 4, 2023 by Jake206th

[SPO]

I did submit on a21-4138. I’m pretty sure mine was done at a DROC (decision review operations center), not a regular RO, since it was part of an appeal decision.

[Jake206th]

Ok thanks.

I am debating the same scenario in this thread; HLR VS. Board Appeal on an EED issue. So the info here is quite useful. Don't need them messing with my 100% p&t though.

Did you prepare and submit the HLR yourself, or use DAV?

I dropped the DAV when they started taking actions without consulting me first.

 

 

I am not a lawyer, and nothing I have written is legal advice, it is just how things appear to me based on my limited understanding, and therefore may be incorrect.

Edited February 4, 2023 by Jake206th

[SPO]

I did it myself. DAV had been pretty useless in my appeal.