VA Higher-Level Review (HLR) Guide: How to Appeal VA Decisions for Error Correction

A Higher-Level Review (HLR) is the appeal option for when you believe the VA made an error in evaluating the evidence you already submitted. Unlike a Supplemental Claim, an HLR doesn't require new evidence—instead, a senior rater gives your case a fresh look under the "de novo" standard.

What Is Higher-Level Review?

Higher-Level Review is a VA appeal process where a senior rating official (called a "Senior Rater" or "Decision Reviewer") conducts a fresh review of your claim without showing deference to the original decision. This is called "de novo" review, meaning they review your case as if it's the first time they're seeing it.

The key advantage of HLR is speed. While a Supplemental Claim averages 100-125 days, an HLR typically takes only 120-150 days. But there's a tradeoff: you can't submit new evidence during an HLR (though any new evidence that arrives at the VA during the review period must be considered).

When to Choose Higher-Level Review

You should file an HLR when you believe the VA made an error in their evaluation of existing evidence—not when you have new evidence to submit.

File an HLR when:

• The VA overlooked evidence in your file: You submitted evidence that the original rater didn't review or didn't properly consider
• The VA misinterpreted medical records: Your medical records support service connection or a higher rating, but the VA interpreted them differently
• The VA applied wrong criteria: The rating officer applied regulations or rating schedules incorrectly
• The VA made a logical error: The decision doesn't make sense given the evidence in your file
• A medical opinion contradicts the denial: You have a medical opinion supporting your claim that the VA ignored or discounted without explanation

Don't file an HLR if:

• You have new evidence to submit (file a Supplemental Claim instead)
• The VA's decision was based on lack of evidence (file a Supplemental Claim and gather new evidence)
• Your condition has worsened since the original decision (file a Supplemental Claim with new medical evidence)
• You simply disagree with the VA's judgment call (an HLR won't help—you'd need new evidence or other appeal options)

Understanding De Novo Review

"De novo" means the senior rater reviews your case "from the beginning" without giving weight to the original rater's decision. This is fundamentally different from traditional appeals where courts defer to lower-level decisions.

What De Novo Review Means

The senior rater:

• Ignores the original decision: They don't defer to what the first rater concluded
• Reviews all evidence afresh: They consider all evidence in your file as if reviewing it for the first time
• Makes an independent decision: They reach their own conclusion based on the evidence and regulations
• Has same authority: They have equal authority and expertise to the original rater—they're not a higher court

Why De Novo Matters

De novo review is powerful because it means the senior rater isn't bound by the original decision and must genuinely reconsider your case. They can't just rubber-stamp the denial.

If the original rater missed evidence, misinterpreted medical records, or made a logical error, de novo review gives you the opportunity to have those mistakes corrected by someone with fresh eyes.

The Informal Conference

One of the most valuable features of HLR is the option for an informal conference—a 10-30 minute phone call with the senior rater where you can explain your case in your own words.

Why Request an Informal Conference?

An informal conference gives you the opportunity to:

• Explain your case directly: Present your argument verbally rather than relying on written statements
• Clarify confusing issues: Answer questions the senior rater might have
• Address the reasons for denial: Directly rebut the VA's reasoning for the original denial
• Emphasize key evidence: Highlight the most important evidence in your file
• Ask questions: Understand what additional information might help

How Informal Conferences Work

If you request an informal conference:

1. The VA schedules a phone call with the senior rater
2. You can participate directly or through a VSO representative
3. The conversation is documented and becomes part of your record
4. The senior rater then issues a decision after the conference
5. Average conference length: 10-30 minutes (mental health cases often longer)

Should You Request a Conference?

Pros:

• Gets you face-to-face (voice-to-voice) communication with decision maker
• Allows you to explain nuances of your case
• Can be more persuasive than written statements
• Doesn't significantly delay the process

Cons:

• Some veterans are anxious about speaking directly with VA
• You need to be prepared and clear in your explanation
• If you ramble or are unprepared, it can hurt your case
• Not always necessary if your written statement is strong

When to request it:

• If the original decision misunderstood your position
• If you can clearly explain why the VA made an error
• If you believe direct communication will help
• If you have a VSO or representative to help you

When to skip it:

• If your written case is very strong
• If you're very anxious about phone calls
• If a representative will be doing the talking and your presence isn't necessary

How to File a Higher-Level Review

Step 1: Review the Reasons for Denial

Carefully read the rating decision letter and understand exactly why the VA denied your claim. Identify:

• What evidence did the VA rely on?
• What evidence did the VA overlook or dismiss?
• What regulatory criteria did they apply?
• Where did they make a logical error?

Step 2: Identify Your Arguments

Don't just disagree with the decision—identify specific errors:

• "The VA overlooked my service treatment records showing in-service fracture"
• "The VA misinterpreted Dr. Smith's nexus letter as not supporting service connection"
• "The VA applied the wrong rating schedule percentage"
• "The VA didn't address the conflicting medical opinions in my file"

Step 3: Complete VA Form 20-0996

Use VA Form 20-0996 (Decision Review Request: Higher-Level Review) to file your appeal. In the comments section, explain:

• What specific error(s) the VA made
• What evidence in your file the VA overlooked or misinterpreted
• How the error(s) affected the decision
• Identify which issues you're appealing

Step 4: Decide on Informal Conference

Decide whether you want to request an informal conference. Check the "Yes" or "No" box on the form.

Step 5: Submit Your HLR

Submit your Higher-Level Review online at VA.gov (recommended), by mail with proof of delivery, or in person at your VA regional office.

HLR Decision Outcomes

After reviewing your case, the senior rater will issue one of three decisions:

Allowed (Granted)

Your claim is granted. The VA agrees the original decision contained an error and approves your claim. You receive:

• Effective date matching your original claim date (or appeal filing date if that's earlier)
• Retroactive benefits back to the original effective date
• Ongoing monthly benefits at your new rating

Denied

The senior rater agrees with the original decision. The VA finds no error in the original rating decision. Your options:

• File a Supplemental Claim if you obtain new evidence
• File a Board Appeal for further review
• Apply for CAVC appeal if you believe there's a legal error

Remanded

This is relatively rare in HLR. The senior rater finds the original decision lacked sufficient development of evidence and sends the case back to the original rater to gather more information (usually a C&P exam).

When remanded:

• Your case goes back to the original rater
• The VA obtains additional evidence (usually a new C&P exam)
• You get another decision after the exam

HLR Timeline and Success Rates

Processing Timeline

• Average decision time: 120-150 days
• If informal conference requested: Usually adds 30-60 days
• You can check status: On VA.gov anytime

Success Rates

HLR success rates are approximately 15-20% overall. This is lower than Supplemental Claims because HLR requires proving the VA made an error with existing evidence—a higher bar than just submitting new evidence.

However, success rates vary by:

• Type of claim: Mental health claims have higher HLR success rates
• Evidence clarity: Clear, obvious errors have higher success rates
• Representation: Veteran-represented claims have higher success rates

Real-world perspective: While 15-20% doesn't sound high, remember that thousands of veterans file HLRs. If your case has a clear error that the senior rater will notice, you have a good chance. But if the original rater's decision was reasonable even if you disagree, an HLR may not succeed.

Common HLR Mistakes to Avoid

1. Filing HLR when you need new evidence: If your evidence was weak, you need a Supplemental Claim with stronger evidence, not an HLR
2. Arguing about the VA's judgment: You can't win by arguing "I think a 60% rating is too low for PTSD"—you need a specific error
3. Resubmitting the same arguments: The senior rater sees the same file as the original rater. You need to point out something that was missed
4. Being vague about the error: Don't say "the VA made a mistake." Say "the VA overlooked the service treatment records showing the in-service ankle fracture documented on page 12 of my STRs."
5. Requesting a conference unprepared: If you request a conference, be ready to clearly explain your position in 5-10 minutes

After Your HLR Decision

If Allowed

Great! Your benefits begin immediately. You'll receive:

• Rating decision letter with effective date
• Calculation of retroactive benefits
• Instructions for ongoing payment setup

You may receive payment within 30-60 days if all paperwork is complete.

If Denied

You have additional options:

1. Board Appeal: File a Board of Veterans Appeals appeal within one year
2. Supplemental Claim: If you obtain new evidence after the HLR decision
3. CAVC Appeal: If you believe the VA made a legal error, though this is rare in HLR denials

Strategic HLR Tips

• Be specific about errors: The more precisely you identify where the VA went wrong, the more likely the senior rater will see it
• Reference specific documents: "The medical opinion on page 24 of my VA Form 21-0779" is better than "I had medical support"
• Don't add emotion: Stick to facts and evidence, not feelings about how you were treated
• Consider representation: A VSO or attorney can help identify subtle errors you might miss
• Use informal conference wisely: Only request it if you can clearly explain why the VA made an error

Key Takeaways

• File an HLR when the VA made an error evaluating existing evidence, not when you need new evidence
• De novo review means the senior rater gives your case a fresh look without deference to the original decision
• Informal conferences are optional but can be valuable if you can clearly explain your case
• Average processing: 120-150 days (faster than Supplemental Claims)
• Success rate: 15-20% (lower than Supplemental Claims because you need to prove an error)
• Must file within one year of the original decision to maintain effective date