How to File a Higher-Level Review (HLR) for a VA Disability Claim

Filing a Higher-Level Review (HLR) is a critical step for veterans who believe their VA Disability Claim was incorrectly decided.

Whether you received a lower rating than expected or your claim was denied, understanding the HLR process can help you secure the benefits you deserve. This guide provides a detailed, step-by-step approach to filing an HLR, ensuring you navigate the VA appeals process effectively.

FREE Use of Our VA Disability Claim ChatBot

What is a Higher-Level Review (HLR)?

A Higher-Level Review (HLR) is an appeal option within the VA’s Decision Review Process for veterans who disagree with the initial decision on their disability claim. Unlike other appeal options, an HLR is conducted by a Senior Reviewer who will re-examine your claim based solely on the existing evidence in your file. No new evidence is considered during this review.

Key Points:

Purpose: To ensure that the VA correctly applied all relevant laws and regulations when making the initial decision.
Reviewer: Conducted by a Senior Reviewer, not a Board of Veterans’ Appeals member.
Scope: Limited to the evidence already submitted; no additional evidence can be added during an HLR.

For more information, visit the VA Higher-Level Review page.

AI Powered Chatbot for VA Disability Claims

Learn more about the VA Disability process and get help with our VA Disability Claim Chatbot programmed and trained by AI

VA Disability Claim Chatbot

Eligibility for Filing an HLR

Not all veterans are eligible to file an HLR. Understanding the eligibility criteria ensures that you choose the most appropriate appeal option for your situation.

Who Can File an HLR?

Notice of Disagreement (NOD) Filers: Veterans who have already filed a Notice of Disagreement and received a decision can request an HLR.
Direct Applicants: If you received an unfavorable decision on your initial claim, you might be eligible to request an HLR without filing an NOD.

When to File an HLR:

Disputed Ratings: If you believe the VA incorrectly evaluated the severity of your disability.
Denied Claims: If your disability claim was denied, and you have substantial reasons to contest the decision.

Important Considerations:

Timeframe: You must file an HLR within one year from the date of the VA’s decision letter.
No New Evidence: An HLR does not allow the submission of new evidence; it strictly reviews existing documentation.

For detailed eligibility requirements, refer to the VA Appeals Process page.

Steps to File a Higher-Level Review

Filing an HLR involves several critical steps to ensure your appeal is processed correctly and efficiently.

1. Determine Eligibility

Confirm that you meet the eligibility criteria for filing an HLR.
Ensure you are within the one-year deadline from the decision date.

2. Gather Necessary Information

VA Claim Number: Found on your decision letter.
Social Security Number: For identification purposes.
Personal Details: Full name, address, and contact information.

3. Complete VA Form 20-0996

Download the Form: VA Form 20-0996, Request for Higher-Level Re view
Fill Out the Form: Provide accurate information, including the claim details and reasons for requesting an HLR.

4. Submit the Form

Online: Through the eBenefits Portal.
By Mail: Send the completed form to the appropriate VA Regional Office as listed on your decision letter.
In Person: With the assistance of a Veterans Service Organization (VSO).

5. Await VA Response

The VA will notify you once your HLR request has been received and is being processed.
A Senior Reviewer will be assigned to your case to re-evaluate the decision.

6. Receive the HLR Decision

The VA will issue a new decision based on the existing evidence.
If you disagree with the HLR decision, further appeal options like the Board of Veterans’ Appeals (BVA) are available.

For additional guidance, visit the VA Higher-Level Review page.

How to File a Higher-Level Review (HLR) for a VA Disability Claim

Required Documentation for HLR

While an HLR does not permit new evidence, ensuring that all existing documentation is complete and well-organized can enhance the review process.

Essential Documents:

VA Decision Letter: Details of the initial claim decision.
Completed VA Form 20-0996: Request for Higher-Level Review.
Medical Records: Comprehensive records that support your disability claim.
Service Records: Documentation of your military service and any incidents related to your disability.

Tips:

Review Your File: Ensure all relevant documents are included and up-to-date.
Highlight Key Evidence: Point out evidence that supports your case in the form or accompanying letter.
Consult a VSO: They can help verify that all necessary documentation is submitted correctly.

For more information on required evidence, visit the VA Evidence Needed for Disability Claim page.

See Our VA Disability Claim Process Articles Here

What to Expect During the HLR Process

Understanding the HLR process can help manage your expectations and prepare you for each step.

Review Process:

Assignment to Senior Reviewer:
- A Senior Reviewer examines your claim based on existing evidence.
Re-Evaluation of Evidence:
- The reviewer ensures that all VA regulations and guidelines were correctly applied.
Decision Making:
- The reviewer may uphold the original decision, grant a higher rating, or provide a lower rating based on the evidence.

Timeline:

Processing Time: Typically takes 60 days, but can vary based on VA workload and case complexity.
Notification: You will receive a decision letter detailing the outcome of your HLR request.

Possible Outcomes:

Uphold Decision: The original rating or denial remains unchanged.
Increase Rating: A higher disability rating is granted based on the existing evidence.
Reverse Decision: The denial of your claim is overturned, and benefits are awarded.

For more details, visit the VA Appeals Process page.

Tips for a Successful Higher-Level Review

Maximize your chances of a favorable outcome by following these tips:

1. Be Clear and Concise

Clearly articulate why you believe the initial decision was incorrect.
Reference specific evidence in your claim file that supports your case.

2. Organize Your Documentation

Ensure all relevant medical and service records are included and easy to review.
Highlight key pieces of evidence that directly support your claim.

3. Work with a VSO

Veterans Service Organizations can provide expert guidance and ensure your HLR request is complete and accurate.
Access the VA VSO Directory to find an accredited VSO near you.

4. Stay Informed

Keep track of your claim status through the eBenefits Portal.
Respond promptly to any VA requests for additional information.

5. Maintain Patience

The HLR process can take time; remain patient and proactive in following up on your claim.

For additional support, consult the VA Higher-Level Review page.

Common Reasons for HLR Denials and How to Address Them

Understanding why an HLR might be denied can help you avoid these pitfalls and strengthen future appeals.

1. Insufficient Evidence

Solution: Ensure all relevant medical records and service documents are included. If possible, update your records before filing.

2. Failure to Follow VA Guidelines

Solution: Familiarize yourself with the VA’s rating criteria and ensure your claim aligns with these standards.

3. Eligibility Issues

Solution: Confirm that you meet all eligibility criteria, including service connection and timely filing.

4. Incorrect Form Submission

Solution: Double-check that you have filled out and submitted the correct forms accurately.

5. Lack of Specificity in Claim

Solution: Provide detailed explanations and reference specific evidence that supports your claim.

Next Steps if Denied:

File a Supplemental Claim: Present new and relevant evidence.
Request a Board Hearing: Escalate your appeal to the Board of Veterans’ Appeals for a more comprehensive review.

For more information, visit the VA Appeals Process page.

Resources and Support

Navigating the HLR process can be complex, but numerous resources are available to assist you.

Official VA Resources:

VA Higher-Level Review: VA Higher-Level R eview
VA Appeals Process: VA Appeals Proces s
eBenefits Portal: eBenefits Por tal
VA Form 20-0996: Download VA Form 20-0996
VA Regional Offices: Find VA Locations

Veterans Service Organizations (VSOs):

Veterans of Foreign Wars (VFW): VFW Advocacy
American Legion: American Legion VSO Services
Disabled American Veterans (DAV): DAV Services
National Veterans Legal Services Program (NVLSP): NVLSP Support

Online Communities:

Reddit – r/Veterans: Reddit Veterans Community
Military.com Forums: Military.com Veterans Forums

FAQs: Higher-Level Review (HLR)

1. What is a Higher-Level Review (HLR)?

A Higher-Level Review is an appeal option for veterans who believe their VA disability claim was incorrectly decided. A Senior Reviewer re-examines your claim based on existing evidence without considering new evidence.

2. How Long Does the HLR Process Take?

The HLR process typically takes around 60 days, but it can vary depending on the VA’s workload and the complexity of your case.

3. Can I Submit New Evidence with an HLR?

No, an HLR does not allow the submission of new evidence. It only reviews the evidence already in your claim file.

4. Do I Need a Lawyer to File an HLR?

While not required, working with a Veterans Service Officer (VSO) or a VA-accredited attorney can improve the accuracy and completeness of your HLR request.

5. What Happens If My HLR Is Denied?

If your HLR is denied, you can pursue other appeal options such as filing a Supplemental Claim or requesting a hearing with the Board of Veterans’ Appeals (BVA).

Filing a Higher-Level Review (HLR) is a valuable option for veterans seeking to challenge or improve their initial VA disability claim decisions. By understanding the eligibility requirements, following the step-by-step process, and leveraging available resources, you can enhance your chances of securing the benefits you deserve. Remember to gather all necessary documentation, articulate your reasons clearly, and consider seeking assistance from a VSO or legal expert to navigate the complexities of the VA appeals process effectively.

For more detailed information and to begin your HLR process, visit the VA Hi gher-Level Review page or consult with a Veterans Service Organization (VSO) through the VA VSO Directory.