VA Higher Level Review: How to Request a Senior Reviewer for Your VA Claim

If the Department of Veterans Affairs issued a disability rating decision you believe is incorrect — not because of missing evidence, but because of a mistake in applying the law or rating criteria — the Higher Level Review (HLR) may be your fastest path to correction. Introduced under the Appeals Modernization Act (AMA), the HLR allows you to have a more senior VA official review the same evidence without starting from scratch.

What Is a Higher Level Review?

A Higher Level Review is one of three appeal lanes available to veterans under the AMA appeals system (along with Supplemental Claims and Board of Veterans Appeals appeals). In an HLR:

• A senior VA claims adjudicator reviews the existing evidence of record
• The reviewer looks for clear errors of fact or law in the original rating decision
• No new evidence is submitted or accepted by the VA during the review
• You may optionally request an informal conference with the reviewer by phone to identify alleged errors before the decision is issued

When to Choose Higher Level Review

HLR is the right choice when:

The VA misapplied the VASRD: The rating schedule (38 CFR Part 4) has specific criteria for each disability rating level. If the rater chose the wrong rating level even though the evidence clearly supported a higher one, that is a legal error correctable by HLR.

The VA failed to consider all symptoms: The rater may have evaluated only some of your documented symptoms, ignoring others that warrant a higher rating under the VASRD.

There was a duty to assist failure: The VA has a duty to help veterans obtain records and schedule C&P exams (38 CFR § 3.159). If the VA failed to request your service records, did not schedule a required exam, or otherwise failed this duty, an HLR reviewer can identify and correct this.

Math or calculation errors: VA combined rating calculations are complex. Errors in combining ratings for multiple conditions can result in an incorrect combined rating.

The C&P exam was inadequate: If the Compensation & Pension exam was not conducted by an appropriate specialist, did not address all relevant aspects of your condition, or was otherwise inadequate, the HLR reviewer can return the case for a new exam.

You do not have new evidence: If you have new records or a new medical opinion, the Supplemental Claim lane is more appropriate. HLR is for cases where the existing evidence should have supported a different decision.

What HLR Cannot Do

• Introduce new evidence (if you have new evidence, file a Supplemental Claim instead)
• Consider evidence you have gathered after the original decision date
• Substitute its judgment on medical questions for which the C&P exam is the appropriate mechanism (though it can order a new exam)

How to File an HLR Request

Step 1: File VA Form 20-0996 (Decision Review Request: Higher-Level Review).

You can submit the form:

• Online at va.gov
• By mail to the VA regional office
• Through your VA accredited representative (VSO, attorney, or claims agent)

Step 2: Identify the specific error.

On the form, and especially in the optional informal conference, clearly identify:

• The specific rating decision you are appealing (date and issue)
• The exact error you believe was made (e.g., "The rater assigned a 10% rating under VASRD diagnostic code 5003 but failed to apply the higher rating criteria for 20%, which my examination findings meet under the criteria for limited motion")

Step 3: Request an informal conference.

Check the box on VA Form 20-0996 to request an optional informal telephone conference. This is your opportunity to speak with the reviewer before the decision is issued and highlight the errors directly. The reviewer can ask questions and you can point them to the relevant evidence and rating criteria.

Step 4: Meet the deadline.

You must file the HLR request within 1 year of the date of the original rating decision (the date printed on the decision notice letter).

Timeline and What to Expect

The VA aims to complete HLRs within 125 days of receipt. In practice, timelines can vary. You will receive a decision letter explaining the outcome:

• Favorable decision: Your rating is increased or the error is corrected
• Unfavorable decision: The reviewer upholds the original decision (often because no clear error was found)

If the HLR is unfavorable, your next options are:

1. File a Supplemental Claim if you now have new and relevant evidence
2. Appeal to the Board of Veterans Appeals (BVA) within 1 year of the HLR decision

Effective Representation for HLR

You can file an HLR on your own, but accredited VA representation — from a Veterans Service Organization (VSO) like the VFW, DAV, or American Legion, or from an accredited VA attorney or claims agent — can significantly improve outcomes. Representatives know which rating errors are most likely to succeed on HLR and can communicate more effectively with reviewers during the informal conference.

To find an accredited representative, use the VA's "Find a Representative" tool at va.gov/ogc/apps/accreditation/index.asp.

Common HLR Success Scenarios

• A veteran rated 10% for knee condition when examination showed range of motion meeting the 20% criteria under VASRD § 4.71a
• A veteran with multiple conditions combined incorrectly (e.g., mathematical error in whole-person combined rating)
• A rating that failed to account for painful motion (§ 4.59) or functional loss due to flare-ups (§ 4.40)
• Failure to apply VASRD § 4.7 (higher of two evaluations when a disability is between two rating levels)
• A duty to assist failure where military service records were not obtained

Fight Back With ClaimBack

The Higher Level Review is a powerful, relatively fast tool for correcting VA rating errors when the evidence is on your side. ClaimBack helps you identify the specific errors in your rating decision, articulate them clearly, and prepare for the informal conference with the reviewer.

Start your appeal with ClaimBack

Related Reading

• How to Write an Insurance Appeal Letter
• Internal vs. External Insurance Appeals Explained
• Common Reasons Insurance Claims Are Denied