VA form higher level review

[George Gonzales]

What information do I have to write in section V I see the date section I have that but I am puzzled on what to write in other blank box 

[brokensoldier244th]

The specific decisions that you disagree with.

 

[pacmanx1]

I disagree with the decision made on Example: 08/21/2023, then attach VA Form 21-4138 or attach additional sheets with your disagreement or argument. Make sure your Name, SSN, and date is on any additional pages. Make sure you keep copies of any uploaded or certified mailed copies of what you send the VA.

[broncovet]

You can use HLR, but its best to understand its limitations:

1.  With HLR you can not add new evidence.  

2.  HLR is a regional office decision.  For that reason, often, the HLR decision maker may well know the previous decision maker.  Its my experience the percentage of awards with HLR is lower than by proceeding to the BVA. See below for BVA percentages.  

     Page 42, year 2022 shows that only about 22 percent are awarded at the varo level with tele hearing, and most people estimate the percentages without a hearing are less.  

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

     However, on page 50, (BVA appeals)  it shows just 17 percent are denied, with 83 percent allowed, remanded, or "other" (probably includes withdrawn claims).   IN OTHER words, this shows your chances are much better at the BVA.  

      This is why I skip the HLR, the odds at the BVA are better, but BVA takes longer.  Often, you go to HLR, you wind up going to the BVA anyway, and you just wasted all the time spent during HLR (often 6 months or more).  

[Dustoff1970]

As usual Broncovet is spot on correct in his reply to you.  I have learned from long term experience filing my own successful claims and appeals that it was a waste of valuable time in filing for HLR review and the old legacy DRO review claims with the VAROs and went straight to a BVA appeal. The VARO always again denied my claim on the so called "second bite of the apple"

Same with filing a supplemental claim with new evidence if within one year of a VARO denial but instead I appealed to the BVA and sent the new evidence directly to the BVA when they notified me of receipt of my appeal.  Importantly in accordance with BVA rules and 38 CFR I ask them to evaluate the new evidence at the BVA and not waste more time sending this new stuff back to the VARO for probably yet another VARO denial.

The above method has worked well for me on two appeals with effective dates of 2017 and even before then on other issues since 1998.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited September 29, 2023 by Dustoff1970

[Rattler]

Ok so I have to ask the question to the both of you. When was the last time either of you filed a HLR or supplemental claim?

My last my  CUE / HLR took 3 weeks. My supplemental claim in January 2023 took less than 120 days. That beats the 2 years with the current PACT ACT backlog at the BVA.

[Dot09]

I agree with the above as I too would avoid the HLR because it waste roughly 6-12 months to just get a denial. Bronco and dustoff are spot on with this.
 

Rattler

The only times I have done a HLR review is when I corrected a reduction error and recently filed claim for bipolar. Now it is at the BVA and the only times I have submitted a BVA claim is 2004 for tinnitus and my mental health claim for tdiu. I understand you like the HLR as you have your ways of doing stuff to lay it out for them. But for me it’s just a rubber stamped denial and would prefer my luck with  the BVA as they are fair, accurate, and read follow regulations.