Is HLR the way to go

Yes, a Higher-Level Review (HLR) is likely the most efficient and appropriate next step for your situation, as the error appears to be a "Duty to Assist" violation where the VA examiner failed to consider relevant evidence (your CT scan) that was part of your claim file, constituting a clear procedural mistake reviewable under 38 CFR 3.2601. The examiner's statement that he did not see the CT scan record suggests the VA did not fulfill its duty to obtain and consider all relevant records under 38 CFR 3.159(c)(1), which can be corrected in an HLR without submitting new evidence. For your sinusitis/rhinitis claim, the rating is based on diagnostic codes such as DC 6510 (sinusitis) and DC 6522 (allergic or vasomotor rhinitis) under 38 CFR §4.97, but the critical issue is that without considering the "polypoid mass," the examiner could not properly evaluate symptoms like obstruction, which directly impacts the rating percentage under the criteria in 38 CFR 4.31 and 4.7 (reasonable doubt). The principle from *DeLuca v. Brown* regarding the severity of symptoms during flare-ups may also be relevant if the mass causes episodic worsening. Your actionable steps are: 1) Immediately file VA Form 20-0996 (Decision Review Request: Higher-Level Review) within one year of your decision, selecting the "Informal Conference" option to personally explain to the senior reviewer that the C&P examiner explicitly stated he did not review your key CT scan evidence; 2) Reference the specific CT scan date and facility; and 3) Continue with your FOIA request for the DBQs to have them for potential future use, but do not wait for them to file the HLR, as the argument is that the VA erred with the evidence already of record. **Disclaimer: This is educational information for claims strategy based on general VA procedures and is not legal, medical, or official VA advice; for personalized guidance, consult an accredited VA attorney or claims agent.**