Higher-Level Review (HLR)
Required Forms
VA Form 20-0996
Decision Review Request: Higher-Level Review
What a Higher-Level Review is
A is one of the three decision review lanes created by the (), which took effect in February 2019. It is designed for veterans who believe the VA made a clear error of fact or law when deciding their , but who do not have new evidence to add.
Under , a more experienced VA adjudicator (a 'higher-level' reviewer) re-examines the same evidence that was in the claims file at the time of the prior decision. The reviewer applies a de novo standard, meaning they give no deference to the original decision and decide the issue fresh.
If the higher-level reviewer identifies a duty-to-assist error — for example, the VA failed to obtain relevant records or order a necessary exam — the can be returned for correction, and the original is preserved.
Who should consider an HLR
- You believe the rater misapplied the law or rating schedule (38 CFR Part 4).
- You think the existing evidence was overlooked, misread, or weighed incorrectly.
- You suspect a duty-to-assist error (missing records, inadequate ).
- You do not have new and relevant evidence — if you do, a is usually a better fit.
- You want a faster path than the Board ( averages roughly 4–5 months in many cases).
Deadlines and the filing process
- Confirm the date of the decision you want reviewed. The must be filed within one year of the notice of decision to preserve the original .
- is completed for this purpose (Decision Review Request: ). List each issue you want reviewed exactly as written on the .
- Decide whether to request an informal conference. This is a one-time phone call where you or your representative can identify specific errors to the reviewer. It often adds weeks to processing time but can be valuable.
- Submit the form by mail, fax, in person at a VA , or electronically through .
- Do not submit new evidence. Anything new will be set aside and may delay the decision.
The informal conference
The informal conference is a single scheduled call between the higher-level reviewer and you (or your accredited representative). It is not a hearing — no testimony is taken, and the reviewer is not required to ask questions.
Its purpose is narrow: to let you point out specific errors in how the existing evidence or law was applied. Coming in with a written outline of each error, citing the page of the or the regulation involved, is the most effective use of the call.
Possible outcomes
- Grant — the prior decision is reversed in your favor, with the original preserved.
- Partial grant — some issues are granted, others denied.
- Denial — the prior decision is upheld. You then have one year to file a or a .
- Return for correction — a duty-to-assist error is found and the is sent back to be developed properly.
Check your decision before choosing HLR
Higher-Level Review is a closed-record lane. What the decision already contains determines whether it is the right lane at all.
| If your record shows this | What it means |
|---|---|
| The decision misapplied a rating criterion you already meet on the existing evidence | A difference-of-opinion or duty-to-assist error — the kind HLR exists to correct. |
| You have new medical evidence not yet in the file | HLR cannot consider it. A Supplemental Claim under 38 CFR § 3.2501 is the lane that accepts new evidence. |
| The exam report is missing measurements the diagnostic code requires | A pre-decisional duty-to-assist error; the reviewer can return the claim for a corrected exam. |
| The decision is more than one year old | The HLR window under § 20.202 has closed; a Supplemental Claim remains available at any time. |
| The issue was already through one HLR | A second HLR on the same decision is not available; the remaining lanes are Supplemental Claim or Board appeal. |
Which lane fits is a reading of the specific decision and the evidence behind it, not a general rule.
Frequently Asked Questions
Useful Tools & Topics
This kind of issue turns on lane, evidence, and timing
Matters like this often come down to lane selection, the right evidence at the right moment, and protecting your effective date. If your issue is already in dispute or post-decision, check whether your matter fits our review process.
Disclaimer: This page is for educational purposes only and does not constitute legal advice. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the U.S. Department of Veterans Affairs. No guarantees of outcomes are made. Each claim is decided on its individual facts.
Related guides
VA Form 21-0996: Higher-Level Review Guide
How to file a Higher-Level Review with VA Form 21-0996 — the 'duty to assist' error argument, informal conference option, and when HLR is the wrong tool.
VA Form 20-0996 — Higher-Level Review
How to complete VA Form 20-0996, what a duty-to-assist error is, the informal conference request, and why no new evidence may be submitted.
Compare Appeals Lanes
Side-by-side comparison of Higher-Level Review, Supplemental Claim, and Board appeal — speed, evidence rules, and outcomes.
Board of Veterans' Appeals (BVA)
Appeal your decision directly to the Board for a review by a Veterans Law Judge.