Appeal and HLR question

[Riplip]

Hey all, I was reading up on the HLR on ebenefits and it looks like you can't use a HLR after an appeal but can you appeal after a HLR? I just got denied so I was thinking about a HLR and state my reasoning and see where that gets me. If that doesn't work can I still appeal? I've never taken this second step. Thanks

[Whodat]

Was it an initial claim that got denied? The way I did mine was filed a supplemental claim with new evidence. Got denied. The next option was a higher level review. I lawyered up. 

[pacmanx1]

2 hours ago, Riplip said:

Hey all, I was reading up on the HLR on ebenefits and it looks like you can't use a HLR after an appeal but can you appeal after a HLR? I just got denied so I was thinking about a HLR and state my reasoning and see where that gets me. If that doesn't work can I still appeal? I've never taken this second step. Thanks

Your post is a little confusing. The answer I think is you can appeal an HLR, but you can't appeal an HLR decision with a new HLR appeal. Putting it in other words you can appeal a Supplemental decision by filing and HLR appeal and you can appeal an HLR decision by filing an appeal to the BVA.  

[Carl the Engineer]

The way I just did it was, HLR, then if that fails, Supplemental.

HLR, you get your original EED.

Supplemental, you get the new date of the new evidence.

Then Board,

Then US District Court,

Etc., 

Carl

[Riplip]

I just got denied yesterday. Initial Claim. Now I'm wondering if the next step is a HLR or Appeal. I don't have any new evidence but I feel I should've got the benefit of the doubt on the Dr. opinion I had already in the claim. 

[Riplip]

Looking at ebenefits under my disabilities it looks like the Meniere's was run under secondary to Peripheral Vestibular Disorder. I wonder if it should have gone in on its own? Figured if that is how it should be they should have the ability to fix that in the claim review. 

[Riplip]

Met with my VSO today and he said it looks like the opinion of my Dr. wasn't strong enough for the rater. He said I am basically getting screwed around and it doesn't make sense with denying my claim for what they did. He also told me HLR is a waste of time and an appeal is 2-3 years out. What I am going to try and do is get a stronger opinion from my DR which I don't think I can get. If I do I will file a supplemental claim which should have a 3-5 month turnaround. If that doesn't work then I'll appeal and sit on the hampster wheel.