Prepare for a Higher-Level Review

Ask Whether the Existing Record Can Answer the Dispute

Higher-Level Review, or HLR, gives an experienced adjudicator a new review of an eligible decision without accepting new evidence. It can fit a disagreement about how VA applied the law or evaluated information already in the record.

Before choosing it, finish this sentence: the earlier decision is wrong because the existing record shows something different. Then identify the report, statement, or rule supporting that position. If your argument depends on a medical opinion you only recently obtained, consider an evidence-accepting route instead. The strength of the new opinion does not change HLR’s record restriction.

Sources: VA: Higher-Level Reviews · 38 CFR 3.2601: Higher-Level Review

Check Eligibility and the One-Year Period

The usual HLR request must be received within one year from the date VA issued notice of the eligible initial or Supplemental Claim decision. You cannot use another HLR to review a previous HLR or Board decision on the same issue. Simultaneously contested claims also use different rules.

Check the decision date and exact issues before filling out the request. A pending request for records or a conversation with a representative does not itself start HLR. If timing is tight, get help addressing the filing requirements immediately rather than waiting for every explanatory note to be polished.

Sources: VA: Higher-Level Reviews · 38 CFR 3.2601: Higher-Level Review

Write a Short, Traceable Error Outline

Organize your argument by issue. Identify the disputed conclusion, point to the evidence already before VA, and explain why that evidence or rule matters. Use document dates and page numbers whenever possible. This makes the argument reviewable without asking the reviewer to infer your position from a large stack of documents.

For example, if the decision says a relevant finding was absent, identify the earlier report containing it and explain its relationship to the issue. Keep the account tied to the existing record. A newly written argument can discuss old evidence; a newly introduced symptom history may itself be new evidence.

• Issue and date of the decision being reviewed.
• Exact factual or legal error you believe occurred.
• Location of the relevant evidence already in the record.
• Explanation of how correcting the error could affect the decision.

Sources: 38 CFR 3.2601: Higher-Level Review · 38 CFR 3.103: Procedural Rights and Decision Notices

Use the Optional Conference With a Clear Agenda

An informal conference is an optional opportunity to identify errors to the reviewer. It is not a Board hearing and does not open an evidence window. VA generally provides one conference for each HLR, so coordinate with your representative about who will speak and how you will be reached.

Keep a one-page agenda and your cited records nearby. Start with the strongest specific point, explain it calmly, and distinguish what the record already says from anything that happened later. Follow VA’s scheduling instructions and keep contact information current. Requesting a conference can affect processing time; it does not guarantee a different result.

Sources: VA: Higher-Level Reviews · 38 CFR 3.2601: Higher-Level Review

Understand a Duty-to-Assist Error

A reviewer may identify a failure to assist that existed before the prior decision, such as an evidence-development problem. Under the regulation, if the reviewer finds such an error and cannot grant the maximum benefit, the matter is returned for correction and readjudication.

A return for additional development is not the same as an award. VA may obtain records or an examination and then issue another decision. Read the new notices and respond to requests. The fact that development follows an HLR does not mean applicants were free to submit new evidence within HLR’s otherwise closed record.

Sources: 38 CFR 3.2601: Higher-Level Review

File Precisely and Read the Outcome

Use VA’s current HLR process or VA Form 20-0996. Identify each issue and its underlying decision date; do not assume a general expression of dissatisfaction covers everything. Save the completed request and confirmation, and avoid a simultaneous different review request for the same issue.

The outcome can leave the decision unchanged, change it favorably, or identify an error requiring development. After the HLR decision, eligible choices generally include a Supplemental Claim with new and relevant evidence or a Board Appeal. Read the new rights notice and reassess the evidence problem before selecting the next route.

Sources: VA: Higher-Level Reviews · 38 CFR 3.2500: Review of Decisions

Common Questions