Supplemental Claim vs HLR - Asthma

Based on the evidence you described, a Supplemental Claim is the correct and more strategic option over a Higher-Level Review (HLR). Your 10% rating under Diagnostic Code (DC) 6602 for asthma is based on the VA's finding of only "intermittent" inhaler use. To achieve a 30% or higher rating under **38 CFR § 4.97**, you must demonstrate "daily" bronchodilator therapy or, for higher ratings, the need for systemic corticosteroids like prednisone. An HLR (**38 CFR § 3.2601**) is a records-only review where no new evidence can be submitted; it would only argue the rater erred based on existing evidence. A Supplemental Claim (**38 CFR § 3.2501**) allows you to submit the "new and relevant" evidence you already possess—specifically, the private doctor's statement of "daily" treatment. Your actionable next steps are to immediately file a Supplemental Claim (VA Form 20-0995) within the one-year appeal deadline to preserve your original effective date, and explicitly identify and submit the private medical record stating "daily" therapy, as this directly contradicts the basis for the 10% rating and satisfies the requirement for "new" evidence per *Shoemaker v. Derwinski*. Ensure the evidence clearly shows the prescription for daily use and your compliance, as the VA may otherwise consider it "on an as-needed basis."

*Disclaimer: This information is for educational purposes regarding VA claims processes and is not intended as legal, medical, or official VA advice. For guidance specific to your case, please consult an accredited VA attorney or claims agent.*