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VA Higher Level Review: How to Request One

By Kory Kehl Last updated: Editorial policy

What is a Higher Level Review?

A Higher Level Review (HLR) is one of three decision review options available under the Appeals Modernization Act (AMA). When you request an HLR, a senior VA reviewer — someone more experienced than the original rater — takes a fresh look at the existing evidence and determines whether the original decision was correct.

The key distinction: no new evidence is considered. The senior reviewer only examines what was already in your file when the original decision was made. If the reviewer finds an error, they can overturn or modify the decision.

When to request a Higher Level Review

An HLR is the right choice when:

  • You believe the VA rater made an error applying the rating criteria to your evidence
  • The evidence in your file already supports a higher rating but was overlooked or misinterpreted
  • You think the rater didn’t consider all the evidence in your file
  • A regulation or policy was incorrectly applied to your claim
  • The rater assigned the wrong diagnostic code to your condition

An HLR is not the right choice when:

  • You have new evidence to submit — file a Supplemental Claim instead
  • Your case is complex and you want a hearing with a judge — file a Board appeal
  • Your original C&P exam was inadequate and you have new evidence addressing the gap — a Supplemental Claim may fit better (a higher-level reviewer can also return the claim if VA failed its duty to assist)
  • You simply disagree but can’t identify a specific error in the original decision

HLR vs. Supplemental Claim vs. Board Appeal

FeatureHigher Level ReviewSupplemental ClaimBoard Appeal
New evidence allowedNoYes (required unless based on a change in law)Yes (evidence/hearing dockets)
Who reviewsSenior VA reviewerVA reviewerVeterans Law Judge
Informal conferenceYes (phone call)NoHearing option available
VA’s timeliness goalAverage of 125 daysAverage of 125 days365–730 days, by docket
Best whenRater made an errorYou have new evidenceComplex case needing a judge

How to file a Higher Level Review

Check eligibility and the deadline first. You generally must request HLR within one year of the date on your decision letter, after an initial claim or Supplemental Claim decision. You cannot request another HLR of an HLR decision, or an HLR of a Board decision, on the same issue. Read the review options in your notice and VA’s HLR eligibility guidance before choosing a lane. If the deadline has passed, ask an accredited representative about available options rather than assuming an HLR is timely.

Step 1: Identify the error

Before filing, clearly identify what went wrong in the original decision. Review your decision letter and ask:

  • Did the rater apply the correct diagnostic code?
  • Did the rater consider all evidence in the file?
  • Were the rating criteria applied correctly to the exam findings?
  • Was relevant evidence overlooked (like a buddy statement or medical record)?
  • Did the C&P examiner’s findings match what you reported, and did the rater correctly interpret them?

Being specific about the error makes your HLR much more likely to succeed.

Step 2: Complete VA Form 20-0996

Download and complete VA Form 20-0996, “Decision Review Request: Higher-Level Review” (current revision: March 2024).

You can file:

  • Online at VA.gov
  • By mail — for disability compensation, send it to Department of Veterans Affairs, Claims Intake Center, PO Box 4444, Janesville, WI 53547. Other benefit types use the addresses on VA’s Higher-Level Review page.
  • In person at a VA regional office
  • With help from an accredited VSO representative, attorney, or claims agent

On the form:

  1. Identify the specific issue(s) you’re contesting
  2. Decide whether you want an informal conference (optional — see below)
  3. Provide your representative’s information if applicable

Step 3: Decide between an informal conference and a written statement

An informal conference is an optional phone call with the higher-level reviewer. You or your representative point out factual or legal errors in the decision. You can’t submit new evidence during the call, and you get only one conference per Higher-Level Review. The reviewer makes two attempts to reach you. If they can’t connect, they decide without the call.

VA’s own guidance points out the tradeoff: an informal conference may make the review take longer, and VA suggests that a written statement filed with your request explaining the errors can help it decide faster.

Informal conferenceWritten statement
HowCheck the conference option (item 16A on VA Form 20-0996, or step 3 online)Attach a statement to your request
SpeedMay take longerVA says it can help it decide faster
Best whenThe error needs explaining, or you want your representative to walk the reviewer through itThe error is clear and you can point to it in writing
New evidenceNot allowedNot allowed

Whichever you choose, the goal is the same:

  • Point the reviewer to specific evidence they should examine
  • Explain why you believe the rating criteria were misapplied
  • Highlight errors or omissions in the C&P exam report
  • Clarify any misunderstandings in the original decision

Tips for the informal conference:

  • Prepare talking points in advance — you’ll have limited time
  • Be specific: “On page 3 of my C&P exam, the examiner noted X, but the rater didn’t account for this when applying diagnostic code Y”
  • Stay calm and factual — this is a conversation, not an argument
  • If you have a VSO or representative, they can participate or lead the call

Step 4: Wait for the decision

After the informal conference (if you asked for one), the higher-level reviewer will examine the evidence and make a determination. You’ll receive a decision letter in the mail.

What can happen during a Higher Level Review

The senior reviewer can:

1. Agree with the original decision

The reviewer finds no error and the original rating stands. You can then file a Supplemental Claim with new evidence or appeal to the Board.

2. Grant a higher rating

The reviewer finds an error and grants you a higher rating based on the existing evidence. You’ll receive back pay to your original effective date.

3. Identify a “duty to assist” error

The reviewer finds that the VA failed in its duty to assist you — for example, an inadequate C&P exam, missing records, or failure to obtain relevant evidence. In this case, the claim is returned to fix the error, which may include a new C&P exam or a records request, and VA then issues a new decision.

4. Find a different error

The reviewer may find errors the original rater made and return the claim for a new decision that corrects those errors.

Timeline expectations

VA’s goal is to complete Higher-Level Reviews that aren’t about health care benefits in an average of 125 days (4 to 5 months). That is an average target, not a deadline for any one review, and an informal conference may add time. Track your review in your VA.gov account.

HLRs are often the quickest review option when the evidence already in your file supports your claim.

Tips for success

1. Be specific about the error

Vague disagreements don’t win HLRs. “I think I deserve a higher rating” is weak. “The rater applied diagnostic code 5003 when code 5260 is more appropriate based on my documented limitation of flexion to 30 degrees” is strong.

2. Review the rating criteria

Look up the specific rating criteria for your condition in 38 CFR Part 4 (Schedule for Rating Disabilities). Compare what the criteria require with what the C&P exam documented. If the exam findings support a higher rating level than what was assigned, that’s your argument.

3. Use a representative

A VSO or accredited representative who is experienced with HLRs can identify errors you might miss and present your case effectively during the informal conference. Find one at VA.gov.

4. Choose the conference or a written statement deliberately

An informal conference lets you talk to the reviewer, but VA says it may slow the decision. If you can show the error clearly on paper, a written statement filed with your request may get you a faster decision. If the error needs explaining, the call may be worth the wait.

5. Know your numbers

If you’re contesting a combined rating, understand how VA math works. Use our calculator to verify whether the VA correctly combined your individual ratings.

What if your Higher Level Review is denied?

If the senior reviewer agrees with the original decision, you can:

  1. File a Supplemental Claim — Submit new and relevant evidence the VA hasn’t seen. This is often the best next step because you can now target the specific deficiency identified in both the original decision and the HLR.

  2. Appeal to the Board of Veterans Appeals — A Veterans Law Judge will review your case. You can submit new evidence and request a hearing.

  3. Accept the decision and focus on other conditions that might increase your combined rating.

There is no limit on how many times you can pursue these options, as long as you meet the requirements for each pathway.

Use our VA disability calculator to see how a rating change would affect your monthly compensation.

Correction — October 21, 2026: Added the one-year deadline and which decisions can get a Higher-Level Review; you cannot request one for an HLR or Board decision on the same issue.

Disclaimer: This content is for informational purposes only and does not constitute legal or medical advice. For personalized guidance on your VA disability claim, consult a VA-accredited Veterans Service Organization (VSO), attorney, or claims agent. You can find accredited representatives at VA.gov.

Correction — October 31, 2026: Replaced unsupported statements about how often HLR lowers a rating with the specific difference-of-opinion protection and CUE exception in 38 CFR § 3.2601(j).

Frequently Asked Questions

How long does a VA Higher Level Review take?

VA's goal is to complete Higher-Level Reviews that aren't about health care benefits in an average of 125 days (approximately 4-5 months). VA's goal for Supplemental Claims is the same 125-day average; the Board's goals are longer (365 to 730 days depending on the docket).

Can I submit new evidence with a Higher Level Review?

No. A Higher Level Review is limited to the evidence already in your VA file at the time of the original decision. If you have new evidence to submit, a Supplemental Claim is the better option. However, the senior reviewer can identify a 'duty to assist' error that may result in a new exam or records request.

What is an informal conference in a Higher Level Review?

An informal conference is a phone call between you (or your representative) and the senior reviewer. It's your opportunity to explain why you believe the original decision was wrong — pointing to specific evidence or rating criteria you think were misapplied. It is optional. VA says a conference may make the review take longer, and suggests a written statement identifying the errors as a way to get a faster decision.

Can a Higher Level Review lower my existing rating?

Under 38 CFR § 3.2601(j), a higher-level reviewer cannot make the outcome less advantageous solely because of a difference of opinion. The reviewer may, however, reverse or revise a prior VA decision on the grounds of clear and unmistakable error (CUE) under § 3.105(a)(1) or (a)(2), as applicable. Ask an accredited representative how those rules apply to your decision.

Sources

The rating criteria, diagnostic codes, and dollar figures on this page are cited to the references below. See our editorial policy for how we choose and verify sources.

  1. 38 CFR § 3.2601 — Higher-level review — eCFR
  2. About VA Form 20-0996 — U.S. Department of Veterans Affairs
  3. Choosing a Decision Review Option — U.S. Department of Veterans Affairs
  4. Higher-Level Review — U.S. Department of Veterans Affairs
  5. How to File a VA Disability Claim — U.S. Department of Veterans Affairs
  6. Decision Reviews and Appeals — U.S. Department of Veterans Affairs
  7. 38 CFR Part 3 — Adjudication — eCFR
  8. VA Disability Compensation — U.S. Department of Veterans Affairs

This content is for informational purposes only and does not constitute legal or medical advice. For personalized guidance, consult a VA-accredited VSO, attorney, or claims agent.