Higher-Level Review: A Fresh Look at Your Evidence

A Higher-Level Review (HLR) is a request for a more experienced VA adjudicator to review your claim using the same evidence that was in the file when the original decision was made. You cannot submit new evidence with an HLR, but the senior reviewer takes a fresh look at the existing record and can identify errors that the original reviewer missed. HLR is a good choice when you believe the original decision misapplied the law, overlooked favorable evidence, or made errors in the analysis. The senior reviewer can also identify duty-to-assist errors, meaning situations where VA should have obtained additional evidence but failed to do so. If a duty-to-assist error is found, the claim is returned for correction, which may result in a new exam or additional evidence development. Most HLRs include an optional informal conference where you or your representative can speak directly with the reviewer by phone. This is your opportunity to point out specific errors in the original decision and direct the reviewer attention to key evidence. Prepare for this conference carefully by identifying the exact mistakes you believe were made. HLR must be filed within one year of the decision you are challenging. The process is typically faster than a Board appeal. If the HLR results in a favorable decision, it takes effect as of the date of the original claim, preserving your effective date.

A Higher-Level Review is filed on VA Form 20-0996. The AMA review lanes can also be used in sequence: if an HLR is denied, you can still file a supplemental claim with new and relevant evidence on the same issue, so a single denial does not have to end your options.

Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).