If the VA denies your disability claim or issues a decision you believe is incorrect, you don’t have to accept it as final. VA Higher-Level Review (HLR) is an appeal option that allows a more experienced VA reviewer to reassess your case without adding new evidence. This process is designed for veterans who believe their initial claim was wrongly decided due to a misinterpretation of the law or an error in evaluating their existing records.
If you’ve received a denial or a lower rating than expected, an HLR can be a powerful tool to correct mistakes and get the benefits you deserve. But knowing when and how to request a Higher-Level Review is crucial to improving your chances of success. Working with a certified attorney can make the process much easier but you’ll still want to be informed.
What is the VA’s Higher-Level Review
The process for a higher-level review can be fairly complex for both the VA’s and the veteran applying. There are some do’s and don’ts of the process that can affect your application down the road so it is generally best to consult a VA accredited law firm like Wettermark Keith before you make any decisions.
When you or your representative request a higher level review, a senior VA reviewer will take a fresh look at the case, checking for mistakes or misapplications of VA policy. Unlike a traditional appeal, an HLR does not permit new evidence to be submitted. Instead, it focuses solely on whether the VA made an error in evaluating the claim based on the existing record.
If the facts of the case were clear but the VA still made the wrong decision, an HLR offers a chance to correct it. Regardless of whether you want to request a HLR (form 20-0996) or an official appeal, both must be filed within one year of the original decision. Consulting with your attorney will allow you to determine the best next step and plan your strategy for getting the benefits you deserve. After the review, the VA can either uphold the decision, change the outcome, or send the case back for further evaluation if a critical mistake is found or they believe there is crucial missing evidence.
Higher-Level Review vs Duty to Assist Error
Let’s distinguish an HLR from a Duty to Assist Error, which occurs when the VA fails to gather all necessary records before deciding. The VA is legally required to help veterans obtain service records, medical reports, and other essential documents. If this step was skipped or done improperly, the case must be sent back for additional evidence gathering before a new decision is made. In contrast, an HLR does not involve collecting missing information—it strictly reviews the accuracy of the VA’s decision-making based on the evidence that was originally submitted. Understanding this distinction helps veterans choose the best appeal option for their situation.
How to Request a Higher-Level Review with the VA
Filing a Higher-Level Review (HLR) with the VA involves strict deadlines and complex paperwork, making it a challenging process for veterans to navigate alone. Missing key details or filing errors can delay or even jeopardize a claim. This is where a skilled attorney can add value, handling the entire HLR process from start to finish. Their team ensures all forms are properly completed and submitted on time, while also managing informal conference requests and presenting strong arguments to maximize the chances of a successful outcome. With WK’s expertise, veterans can focus on their recovery, confident that their case is in skilled hands
After the Higher-Level Review request is submitted, the VA will assign the case to a senior reviewer. Veterans can expect to receive a new decision within a few months, though processing times may vary. If you’re looking for advice or a professional that can help walk you through the process, reach out to a VA certified attorney today.
How Long Does a VA Higher Level Review Take?
The VA is always trying to move through cases quickly. Whether it be an initial claim, HLR or another type of appeal. The VA aims to process higher level reviews as quickly as possible, typically within 4-6 months. However, actual wait times can vary depending on factors like case complexity, backlog, and whether an informal conference is requested. Since HLRs do not involve gathering new evidence, they are generally faster than supplemental claims or board appeals.
While the VA strives for efficiency, delays can still occur, especially if the case involves a duty to assist error, which sends it back for further development. Veterans can track their HLR status online through VA.gov or contact the VA directly for updates. If an HLR takes longer than expected, reaching out to a Veterans Service Organization (VSO) or getting an attorney involved may help expedite the process or provide you with more peace of mind.
VA Higher Level Review Timeline
It’s impossible to say exactly how long this process will take because every claim will look a bit different. Below is a general timeline of what you can expect when filing.
- Submit VA Form 20-0996 – Veterans request an HLR through VA.gov, by mail, or in person at a VA regional office. They can also opt for an informal conference to discuss their case.
- Senior Reviewer Evaluates the Case – A more experienced VA reviewer re-examines all existing evidence to ensure the correct decision was made. No new evidence can be added.
- Possible Outcomes:
- Decision is Overturned – If an error is found, the claim may be approved or adjusted accordingly.
- Decision is Upheld – If no mistake is identified, the original decision remains the same.
- Duty to Assist Error Found – If the VA failed to gather necessary evidence in the initial review, the case is sent back for correction.
For a detailed visual breakdown of the process, refer to the official VA flowchart:
VA Higher-Level Review Flowchart (PDF) (Official VA source)
Pros and Cons of Requesting a Higher-Level Review
Pros:
- A senior reviewer takes a fresh look at your case, which may result in a favorable decision.
- Can correct VA errors without requiring new evidence.
- Faster than other appeal options, typically resolved in 4-6 months.
- Option for an informal conference – You can request a phone call with the reviewer to explain why you believe an error occurred.
- May result in a higher disability rating or approval – If the VA misapplied the law or overlooked key evidence, an HLR can correct that.
- No risk of reducing your rating – Unlike some other reviews, an HLR does not reassess your entire case unless you request a full review.
Cons:
- If your claim lacked strong evidence, the decision would likely stay the same and waste time.
- No new evidence can be submitted during the review.
- May delay the process if you ultimately need to file a supplemental claim instead.
- Limited control over the process – Once submitted, the review is strictly based on existing records and VA policies.
When Should You Get an Attorney Involved?
The best time to get an attorney involved in your case is after you’ve made an initial claim, and you’re dissatisfied with the outcome. At that point, an attorney can guide you through your appeal options, whether it’s a higher-level review, a supplemental claim, or a board appeal.
Having legal representation ensures you understand your rights, avoid common pitfalls, and strengthen your case with the right evidence and arguments. If you’re facing a denial or an unfair rating, now is the time to seek legal help and fight for the benefits you deserve.
As stated earlier, in the case of a HLR you won’t be able to submit any additional evidence, but your lawyer will be able to push the process forward for you minimizing the stress and details that you’ll need to keep straight on your own.
