Who qualifies for a Higher-Level Review
- You received a VA decision (initial or supplemental) dated within the past year.
- You are not asking the VA to consider any new evidence — HLR is a review of the existing record only.
- The issue has not already been decided by the Board of Veterans' Appeals.
- You believe the rater misapplied the law, overlooked evidence already in the file, or reached a different conclusion than the record supports.
This describes the general criteria in the regulation. Whether they are met in a specific case is decided by the VA, not by any representative.
How the Higher-Level Review process works, step by step
- 1
Record review before filing
The decision letter, rating codesheet, and the evidence the VA actually cited are reviewed to identify whether the problem is a legal/duty-to-assist error (an HLR issue) or a missing-evidence problem (a Supplemental Claim issue).
- 2
File VA Form 20-0996
Each disagreed issue is listed by name and decision date, with the specific error identified rather than a general statement of disagreement.
- 3
Request the informal conference
The form allows you to request a one-time phone conference with the higher-level reviewer. This is the only opportunity to argue the error directly to the person deciding it.
- 4
Duty-to-assist error check
If the reviewer identifies a pre-decisional duty-to-assist error, the claim is returned for correction and the earlier effective date is preserved.
- 5
Decision
The reviewer may grant, deny, or return the issue for correction. If it is denied, the remaining options are a Supplemental Claim (with new evidence) or a Board appeal.
Key facts and where they come from
The VA's stated processing goal for Higher-Level Review is an average of 125 days.
VA — Higher-Level ReviewHLR must be requested within one year of the decision date to preserve the original effective date.
38 CFR § 3.2601(c)A higher-level reviewer may not consider evidence added to the file after the decision under review.
38 CFR § 3.2601(f)
HLR vs Supplemental Claim vs Board Appeal vs CUE vs Effective Date
The lanes are not ranked — they answer different problems. The fastest way to pick one is to ask what actually went wrong in the last decision.
| Lane | New evidence | Decided by | Timing | Best when |
|---|---|---|---|---|
| Higher-Level Review | Not allowed | Senior VA adjudicator | VA goal: 125 days | The record already supports the claim and the rater got it wrong |
| Supplemental Claim | Required | VA Regional Office rater | VA goal: 125 days | The denial was caused by a gap in the evidence |
| Board Appeal (BVA) | Depends on docket | Veterans Law Judge | Direct Review VA goal: 365 days | The record is complete and the law was applied incorrectly |
| CUE Claim | Never — record as it existed only | VA Regional Office or the Board | No published VA goal; varies widely | A final old decision contains an undebatable legal or factual error |
| Earlier Effective Date | Sometimes — depends on the lane used | VA Regional Office or the Board | Follows the timing of the lane it is filed in | The award is correct but the start date — and the back pay — is not |
| Underrated Decision Appeals | Not required — the dispute is over the evidence VA already had | Senior VA adjudicator (HLR) or Regional Office rater (Supplemental) | HLR goal: 125 days; Supplemental varies | The rating was wrong when assigned, on the record VA already had |
Timing figures are the VA's own published processing goals, not predictions about any individual claim.
Higher-Level Review — frequently asked questions
- Can I submit new evidence with a Higher-Level Review?
- No. Under 38 CFR § 3.2601(f), the higher-level reviewer decides on the evidence of record as of the decision being reviewed. If you have new records, a new exam, or a nexus opinion, a Supplemental Claim is the correct lane.
- How long does an HLR take?
- The VA's published goal is an average of 125 days. Actual timing varies by issue complexity and workload, and no representative can promise a timeline.
- What is the informal conference?
- A scheduled phone call with the senior reviewer, requested on VA Form 20-0996. You or your representative can identify the specific error in the decision. It is not a hearing and no testimony or new evidence is taken.
- What is a duty-to-assist error?
- A failure by the VA before the decision — for example, not obtaining identified VA treatment records or not providing an adequate examination. If the reviewer finds one, the issue goes back for correction and the original effective date is protected.
- Do I lose my effective date if the HLR is denied?
- No. As long as you continuously pursue the issue (HLR, then Supplemental Claim within a year, or a Board appeal), the original effective date is preserved.
- Can I be charged a fee for an HLR?
- Yes. Because an HLR follows an initial VA decision, an accredited agent or attorney may charge a fee under 38 CFR § 14.636. The fee is contingent; Oakridge caps its fee at 20% of past-due benefits, and disclosed in a written agreement before any work begins.
- HLR or Supplemental Claim — which is stronger?
- Neither is inherently stronger. The right lane depends on why the claim was denied: an HLR addresses errors in how the existing record was decided; a Supplemental Claim addresses gaps in the record itself.
Related guides on higher-level review
Ask about a Higher-Level Review
A VA-accredited claims agent reviews your request and responds within 3–5 business days, and often sooner.
Requesting a consultation does not create representation and is not a guarantee of any outcome. Representation begins only after a written fee agreement and VA Form 21-22a are signed.