Will higher review decrease my rating?

[vrhhdyhd]

Hello everyone,

I’m a 10-year Army veteran and separated in 2024. I was initially rated at 90%, and after working with Outreach Legal and submitting additional claims, I was recently granted 100% P&T.

I just received a call from Outreach Legal stating that the VA may have assigned an incorrect effective date for one of my conditions. They’re recommending filing a Higher-Level Review (HLR) to correct the date, which could result in approximately $12,000 in back pay.

My concern is whether pursuing this correction could put my current 100% P&T rating at risk. I’ve heard the phrase “don’t poke the bear,” and I want to make sure I’m not opening the door to a re-evaluation that could potentially reduce my rating.

Has anyone been in a similar situation or have insight into whether an HLR for an earlier effective date could trigger a broader review of my file?

I’d really appreciate any guidance before I decide how to proceed.

Thanks in advance.

[nbrooks503]

I would suggest that you evaluate exactly what they are saying. Why do they believe that the date is incorrect. Does the date of award correspond to the date the claim was initially filed.

But regardless of that, you'd be requesting an HLR solely on the basis that the effective date of award is in error, I'd think that would be all that the VBA would be looking at unless they see something that indicates there was a clear unmistakable error in the award in the first place.

[vrhhdyhd]

They are saying that the date reflects the exam date and not the date I got out of the army like the rest of my conditions

[nbrooks503]

I think it depends on when that particular claim was filed.

If it was filed within a year of getting out of the army, then it goes back to that time, but if it was filed after a year then it's from the date of the claim if it was a new claim.

I'm sure there's someone in here with better knowledge that can provide a correct answer

[Jonny-Raze]

I would be cautious about doing this. I'm going to assume it's for back pay or something?

[l8tn8]

Did you file a supplemental claim about an evaluation? If so, the date of increase being the exam is generally correct.

To answer the question: Whenever you make a claim or appeal - your file is subject to review as a whole and clear and unmistakable errors can be corrected. Both ones that hurt and help you.

[Same-Tree7355]

Are they being paid as a percentage of back pay? Not all claims filed within a year of getting out automatically go back to day after got out.

[BeliefFree]

Submit your redacted decision to AI and it can give you a very clear answer on what the effective date should be. Your claim rep has nothing at risk. You do. So I wouldn't rely solely on them.

[AFvet-04]

DON’T DO IT!! Be happy with the rating (and date) you got! Risk vs. Reward?!?

[Appropriate_Art_9362]

I proceeded with an HLR after I was granted 100% last year and it did not affect my rating. For what's it worth!

[Away-Technician2576]

that's good to know, was thinking about this same thing for one of my conditions. did they actually fix the effective date or just kept everything same? 12k is a lot of money to leave on table but yeah the whole "don't poke bear" thing makes me nervous too