Supplemental Did Not Go My How I Thought - Crushed and Looking For Advice

Your next step is to file a Higher-Level Review (HLR) within one year of the decision, specifically contesting the improper rejection of your private evidence, as the VA’s blanket dismissal likely constitutes legal error. Under 38 CFR 3.303(d), the VA must consider all evidence of record, and private medical opinions cannot be disregarded without providing a reasoned basis for doing so; the decision’s statement that your psychologist’s evaluation and counselor statement have “no probative value” is likely insufficient without explaining *why*, such as addressing the examiner’s credentials, methodology, or the opinion’s adequacy per 38 CFR 4.125 and 4.130 (Diagnostic Code 9411). Case law like *Buchanan v. Nicholson* reinforces that the VA cannot reject competent evidence without adequate justification. For the HLR, prepare a written statement (Form 20-0996) arguing this error and request an informal conference to verbally direct the reviewer to this specific failure. Simultaneously, you could consider obtaining a more detailed, VA-compliant DBQ and nexus statement from your psychologist that directly correlates your symptoms to the specific criteria in the PTSD rating schedule, as a supplemental claim backup. This approach directly challenges the procedural error while strengthening your evidentiary record. **Disclaimer: This is educational information for claims strategy based on VA policy and case law, not legal or medical advice; for personal legal guidance, consult an accredited VA attorney or claims agent.**