Higher-Level Review Informal Conferences: Why They May No Longer Be Worth Your Time

 Posted on November 08, 2024 in Uncategorized

 Higher-level review informal conferences were once a beacon of hope for veterans seeking a quicker and more direct resolution for their VA claims. However, as with many systems designed to aid large volumes of people, what once might have been effective can evolve into something less efficient. In today's blog, we'll explore why higher-level review informal conferences have become less effective and why you might consider other methods for appealing your VA claim. This insight comes straight from our most recent episode.

The Changing Face of Higher-Level Review Informal Conferences

Earlier this year I was an avid supporter of higher-level review informal conferences. These conferences provided a quick and often favorable way to settle a case. However, perspective has shifted over recent months due to several glaring issues plaguing this process.

Understanding the Higher-Level Review Process

The higher-level review process is one of three appeal tracks available to veterans who disagree with their VA decision. This option is designed for a more senior adjudicator to review the case without any new evidence being submitted, focusing on errors in law or factual inaccuracies. To initiate this process, VA form 20-0996 needs to be filed, and there's an option to request an informal conference by checking the appropriate box.

Issues Reducing the Effectiveness of Informal Conferences

Lack of Familiarity with Files by Reviewers

One primary concern is that higher-level reviewers often do not familiarize themselves with the case files before the informal conference. Therefore, a lot of time in the calls is spent simply laying out the background, facts, and evidence of the case to an unprepared listener. This not only makes the conversation one-sided but also reduces its efficacy. Six months ago, reviewers were more engaged and knowledgeable, but the uptick in requests has overwhelmed the system, leading to rushed and uninformed reviews.

Inadequate Legal Knowledge

Another troubling issue is that many higher-level reviewers lack the necessary legal understanding to handle complex cases. I recently had a reviewer who couldn't grasp the diagnostic criteria for ulcerative colitis, highlighting a lack of understanding that often leads to improper rejections. This issue may arise from the rapid promotion of inadequately trained individuals or hiring people directly into these positions without sufficient background or training.

Unnecessary Delays

What once was a quick turnaround has now become a prolonged ordeal. We used to be able to schedule informal conferences the next day, but now cases filed months ago are still pending scheduling. The backlog is exacerbated by veterans manipulating the scheduling system, which further clogs up the process and delays outcomes for others.

Alternatives to Informal Conferences

Given these limitations, veterans should consider alternative ways to contest their VA claims:

Paper Submissions

Instead of relying on a possibly inattentive reviewer, veterans can submit their concerns in written form. This ensures there's a recorded, tangible argument for the errors in fact or law and reduces the risk of critical points being missed by a reviewer during a brief conversation.

Other Appeal Tracks

Skip the higher-level review process if it feels less effective for your situation. Supplemental claims often move faster and allow for new and relevant evidence. Alternatively, the Board of Veterans Appeals, although slower, offers a more thorough and detailed review by experienced judges and attorneys.

Legal Assistance

Working with a VA-accredited attorney can provide significant advantages. Legal experts can help navigate the complex VA claims process, provide thorough preparation for CP exams, and ensure that all the potential evidentiary documents and statements are well-prepared and submitted on time.

While higher-level review informal conferences once offered a promising route for veterans, their effectiveness has waned due to unprepared reviewers, legal incompetency, and procedural delays. Veterans need to weigh their options carefully and consider alternative methods that may provide a more reliable path to a successful appeal.

For those grappling with the VA claims process, consulting with a knowledgeable VA accredited attorney can make all the difference.

Remember, you have the power to change your VA claim. Get in touch with the Vet Law Office team with any questions you may have - https://calendly.com/vetlawoffice