VA Higher Level Review: How to Request One
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 need a new one — a Supplemental Claim requesting a new exam is better
- You simply disagree but can’t identify a specific error in the original decision
HLR vs. Supplemental Claim vs. Board Appeal
| Feature | Higher Level Review | Supplemental Claim | Board Appeal |
|---|---|---|---|
| New evidence allowed | No | Yes (required) | Yes (evidence/hearing dockets) |
| Who reviews | Senior VA reviewer | VA reviewer | Veterans Law Judge |
| Informal conference | Yes (phone call) | No | Hearing option available |
| Average timeline | 4-5 months | 3-5 months | 12-24+ months |
| Best when | Rater made an error | You have new evidence | Complex case needing a judge |
How to file a Higher Level Review
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.”
You can file:
- Online at VA.gov
- By mail to your VA regional office
- In person at your local VA Regional Office
- Through a VSO representative
On the form:
- Identify the specific issue(s) you’re contesting
- Select whether you want an informal conference (recommended — see below)
- Provide your representative’s information if applicable
Step 3: Request an informal conference
The informal conference is a critical part of the HLR process. This is a phone call (typically 15-30 minutes) where you or your representative speak directly with the senior reviewer.
You should request an informal conference in almost every case. This is your chance to:
- 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 requested), the senior 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 for correction, which may include a new C&P exam. This is essentially treated like a Supplemental Claim from this point.
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
| Phase | Typical timeframe |
|---|---|
| Form processing | 1-2 weeks |
| Case assignment | 2-6 weeks |
| Informal conference | 6-10 weeks after filing |
| Decision | 2-4 weeks after conference |
| Total | 4-5 months |
HLRs are generally the fastest decision review option. The VA’s goal is to complete them within 125 days, making them attractive when you’re confident the evidence already 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. Always request the informal conference
The informal conference is your only opportunity to directly communicate with the decision-maker. Use it. The only exception might be if the error is so obvious it speaks for itself — and even then, it doesn’t hurt to reinforce your argument.
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:
-
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.
-
Appeal to the Board of Veterans Appeals — A Veterans Law Judge will review your case. You can submit new evidence and request a hearing.
-
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.
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.
Frequently Asked Questions
How long does a VA Higher Level Review take?
The VA's goal is to complete Higher Level Reviews within 125 days (approximately 4-5 months). This is generally faster than a Supplemental Claim or Board appeal.
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. You should request one in most cases.
Can a Higher Level Review lower my existing rating?
It is rare but possible. The senior reviewer could identify a clear and unmistakable error (CUE) in a previous favorable decision. If this happens, the reviewer must follow due process protections before any reduction takes effect. In practice, this almost never happens.
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.