What type of appeal should I use? (SCL, HLR, BVA, CAVC)

[broncovet]

I will begin explaining each which may answer many of your questions:

1.  SUPPLEMENTAL CLAIM.  

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  • You have new and relevant evidence to submit, or  
  • You’re requesting a review of your claim based on a change in law (such as the PACT Act) 

   

  Its important to note here, "how do I know if I have new evidence"?  That will require a review of your file, along with your decision, and see if ALL the evidence necessary was listed on the decision in the "evidence section".  Often this is a problem because VA will be vague:"The Veterans claim file from 1-14-02 to 7-13-23.    This does not specifically say the favorable exam on 2-14-21 was included or not.  Does the VA have that Feb 14, 2021 exam which stated your current condition is at least as likely as not due to an event in service?  We dont know for sure.  Its problematic.  Source:  https://www.va.gov/disability/how-to-file-claim/when-to-file/#:~:text=that was denied-,Supplemental Claim—provide new evidence to support a disability claim,isn't a contested claim

2.  HLR.  You can request HLR if you think the rater made an error on your decision, but you may not submit new evidence with a HLR.  https://www.va.gov/decision-reviews/higher-level-review/#:~:text=If you disagree with a,with a Higher-Level Review.

Both of the above decisions are regional office reviews, supposedly by a more experienced rating specialist.  

They can be completed in as little as 6 months, but only if you guessed correctly whether or not you need to submit new, relevant evidence.  If you guessed wrong, you often have to start over, and resubmit the appeal with the correct format (HLR OR SCL)  

Its a problem because you have to either submit new evidence (and take a chance it wasnt new, and already was in the file) or being barred from submitting new evidnece with a HLR, and wind up appealing that to the BVA, after you have squandered time on HLR or SCL.  

My opinion is that you have a low chance of success with the above, because it stays in the VARO, and frankly, the VARO sticks together and they dont like to insult their comrades with "fixing" their mistake on a decision.  This said, people have used these lanes and sometimes get a nice suprise in more like a year or so, much faster than BVA.  This is just my opinion and its not shared by all, and is controversial.  This said, a BVA appeal has over 70 percent chance of being awarded or remanded, according to the BVA chairmans report:  https://www.bva.va.gov/chairman_annual_rpts.asp

I have seen some denial rates as low as 10 percent at the BVA (meaning 90 % were awarded or remanded), usually with attorney representation.  

BVA.  An appeal to the BVA often takes a long time, sometimes 4 years or even more.  But, if you do a good job, you have a great chance of success.  

https://cck-law.com/veterans-law/what-is-the-board-of-veterans-appeals-bva/

For the above type claims:  HLR, SCL, and BVA, you can use a VSO, represent your self, or get an attorney.  

CAVC.   CAVC appeals are used to appeal BVA decisions, and must be done within 120 days of the BVA decision being appealed.  Dont miss this deadline.  My advice is to get an attoreny at the CAVC, because, in part, your legal fees, if any, will likely be paid by EAJA.  You can "file a notice of  appeal" (NOA) on your own, to preserve the 120 day appeal period, then get an attorney if the 120 day clock is running low.  Its relatively simple to file a NOA.  Dowload the simple form here, fill it out and mail it in.  

https://www.uscourts.cavc.gov/documents/RulesFormsAppendix.pdf

You can either send a check for $50 with it, or fill out a form that you are worth less than $2,000,000 requesting a waiver:

https://www.uscourts.cavc.gov/documents/RulesFormsAppendix.pdf.  Its form 4.  

     Again, I recommend attorney representation at the CAVC in all but the most learned, intelligent, Students of Veterans law, people.   Even if you were a lawyer, there is a saying that its still a good idea to hire a lawyer even if you are a lawyer.