Higher Level Review: A Senior Set of Eyes, No New Evidence

Many veterans pick a Higher Level Review as the default appeal and then try to attach new evidence. That is the one thing an HLR cannot accept. It is a senior reviewer re-reading the exact same file, which is precisely why it wins when the error is already sitting in the record.

What an HLR actually does

A Higher Level Review (HLR) is a request for a senior VA adjudicator, at a higher grade than the person who decided the original claim, to take a fresh look at the exact same file. The senior reviewer can overturn the prior decision based on what is already in the record. They cannot consider anything new.

That is the rule that catches veterans by surprise: no new evidence is allowed in an HLR. If you have a new DBQ, a new private medical opinion, new service records, or anything else that wasn't already in VA's hands, an HLR is the wrong lane. A Supplemental Claim is the lane for new evidence. (See Supplemental Claim explained.)

Filing the HLR, VA Form 20-0996

The form is short. You fill in your information, identify the decision you disagree with (decision date and the specific issue), and you mark a box indicating that you want either:

• No conference. A senior reviewer decides the case on the existing record.
• An informal conference by phone. You or your representative gets one phone call with the senior reviewer, ahead of the decision, to walk through where you believe the original decision went wrong. The conference is informal: no testimony, no oath, no transcript. It is a chance to flag specifically what you want the reviewer to look at again.

Filing options:

• Online at VA.gov.
• By mail to the Department of Veterans Affairs Evidence Intake Center.
• In person at a VA Regional Office.

The duty to assist error path

A duty to assist error is the sole legal basis on which an HLR can overturn the prior decision based on something VA missed. The duty to assist (38 USC 5103A) requires VA to obtain relevant evidence in the government's possession, schedule needed exams, and develop the claim adequately before deciding. If VA failed to do that, the senior reviewer can identify the duty to assist error and either:

• Correct the error in the senior reviewer's decision by reaching the right outcome on the existing record, OR
• Return the claim to the rating activity for correction of the duty to assist error (for example, ordering the missing C&P exam VA should have scheduled the first time).

If a duty to assist error is identified, the original effective date is preserved, the case proceeds as if it had been correctly developed from the start.

The one-year filing window

Under 38 CFR 3.2500, the HLR has to be filed within one year of the decision the veteran is challenging to preserve the original effective date. Miss the one year window and the next claim is a "new" claim with a likely later effective date.

How long does an HLR take?

VA's published goal is to complete an HLR in about 125 days. Real-world averages have run roughly 4-6 months. The Live VA Status page on this site shows the latest published averages.

When is HLR the wrong lane?

• You have new evidence. Use a Supplemental Claim instead. New evidence cannot enter through an HLR.
• You want a hearing on the record. HLR offers an informal phone conference only. Board Appeals have formal hearings before Veterans Law Judges.
• You want a Veterans Law Judge, not a regional office, to decide. Board Appeal is the only lane that reaches the Board.

When HLR is a strong fit

HLR tends to be a good lane when the existing record already supports the claim and the original decision missed something on the law or the facts. Examples:

• The original decision did not address a service connected presumption that applies (Agent Orange, PACT Act, Camp Lejeune, radiation).
• The original decision applied the wrong diagnostic code.
• The original decision did not address all of the symptoms in the existing medical record.
• The C&P examiner's findings supported a higher rating tier under the relevant diagnostic code, but the rating granted was lower.
• The effective date was set later than the date of claim under 38 CFR 3.400.

After the HLR

If the HLR grants the claim, the case goes back to the rating activity for rating-percentage assignment and effective-date determination. If the HLR denies, the veteran has another year to choose the next lane, typically a Supplemental Claim (if new evidence has since become available) or a Board Appeal.

Legal authority

• 38 USC 5104B (Higher Level Review)
• 38 CFR 3.2601 (Higher Level Review)
• 38 CFR 3.103 (procedural due process)
• 38 CFR 3.159 (VA's duty to notify and assist)
• VA Form 20-0996 (Decision Review Request: Higher Level Review)
• VA M21-1, Part V, Subpart iii, Chapter 1 (HLR procedures)

This is educational. It is not legal advice and not a recommendation. For your particular decision, work with a VA accredited representative.

Common oversights

• No new evidence in a Higher-Level Review. An HLR is a fresh look at the same record by a senior reviewer (38 CFR 3.2601). If you have new evidence, a Supplemental Claim (VA Form 20-0995) is the better lane.
• The informal conference is your one chance to argue. You or your representative can request a one-time call to point out errors, but you present argument, not new evidence.
• The reviewer can catch a duty-to-assist error. If the prior decision rested on an inadequate exam or a missing record VA should have obtained, the HLR can return the claim for correction. That is the hidden value of an HLR.
• The clock is one year. File within one year of the decision to protect your effective date.
• A difference of opinion is enough. The senior reviewer can grant simply by reaching a different reasonable conclusion on the same evidence; you do not have to prove a clear error.

Related on this site

• Effective Dates: How VA Decides When Your Benefit Starts