HLR informal review

[jfrei]

While in the process of waiting for the hearing I scheduled for April 2 I have some questions. So after filing the HLR I currently have had two claims closed and one still open. The evidence I submitted in the claims can it now be used and brought to light proving my claim in the HLR since it’s all in my file now? Got a text this morning to schedule the conference for HLR from Nov 20 

[brokensoldier244th]

HLRs by legal definition, can’t introduce new evidence. They only consider what was in the claim at the time it was denied, a review of the claim as it was. Superman’s can consider new evidence that is new and or relevant, though. 

[broncovet]

Correct, by Broken soldier.  HLR "specifically excludes new evidence".  I am actually not sure what happens when the Vet tries to submit new evidence to a HLR.  I have "heard" that they either drive toothpicks under the Veterans fingernails until they promise never to try to submit new evidence on an HLR again, or take your first born child.  Broken Soldier may know which, but I would not recommend giving up your children.  

There is some talk they may convert an HLR to a supplemental claim or BVA appeal, but that has never been proven to suit my taste.  For now, if you do try to submit new evidence with an HLR, wear thick gloves so that toothpicks can not be driven under your fingernails, and tell your first born children to hide whenever the VA (or the FBI/police  comes around.  In the future, however, take NOTE:  Now new evidence with an HLR.  

[jfrei]

I had a supplemental appeal open where I submitted in the evidence for the HLR but that was closed two days after I already submitted in the evidence saying it was under the HLR avenue so they closed it with the evidence already into my file. Might get lucky 

[Lemuel]

AMA is the same as HLR.  And so the RO and DRO decisions get repeated.  Unless the HLR is initiated by the AOJ.  In any case, I cannot imagine going to the BVA with anything but a Legacy Appeal.  Without a hearing or an opportunity to point out the rating decision errors in front of the "only fact finder", how would you expect to win?

Take an HLR when it is given and is not in error.  They are only for obvious errors.  But never an AMA BVA review.

[Rattler]

On 3/25/2024 at 11:07 AM, broncovet said:

 "take your first born child."  "and tell your first born children to hide whenever the VA (or the FBI/police  comes around."  

Years ago before I knew better "they ask for the first born child." As I have none they were SOL. They wouldn't accept any of the cat's.

[jfrei]

So they service connected my one year with an effective date of 2024 said only could grant it from when I originally filed the claim for hearing loss. Feb 2024 completely disregarded my claims they denied in 2021 so filed another supplemental appeal to reflect the correct effective date and to service connect the opposite ear which now has hearing loss…. Now the dumb question can one ear be connected to 2021 when I filed which is when I Found out about the defective combat earplugs and will they connect my other ear to 2024? They  ordered another audiologist appointment so I guess they have my appointment evidence in the records that the lawsuit was able to dig up for the 3M case a year ago…. Just getting tired if the filing but I can say it’s way easier now and it keeps me current in what the options are available to us.