The United States Department of Veterans Affairs (VA) passed the Veterans Appeals Improvement and Modernization Act of 2017 to give veterans additional opportunities to appeal their denied VA claims. The act implemented the following changes when it went into effect in February 2019:
- The act improved and modernized the current VA claims and appeals process.
- Provided three new review options for veterans on how to proceed when they disagree with the original decision on their VA disability claim.
- Required the VA to provide improved notification regarding its claim decisions.
- Provided an improved review system and claim resolution process.
- Ensured veterans received the earliest possible effective date for VA disability benefits after overturning an initial denial.
The Appeals Modernization Act allows veterans to choose the best review lane to get their claim for VA benefits in front of a new claims adjudicator.
What is a Higher Level Review?
A VA Higher Level Review (HLR) is an option available to veterans who are dissatisfied with the results of their initial disability compensation claim decision.
It’s a process that allows veterans to request a new review of their claim by a senior VA claims adjudicator.
Unlike a traditional appeal, an HLR does not require a hearing or the submission of new evidence. Instead, it relies on a higher-level VA employee to take a fresh look at the case and make a new decision based on the evidence that’s already on file.
How Does an HLR Differ from a Traditional Appeal?
An HLR differs from a traditional appeal in several ways. With an HLR, there is no need to file a Notice of Disagreement (NOD) or request a Decision Review Officer (DRO) hearing.
Additionally, the VA does not require the submission of new evidence during an HLR. Instead, the senior claims adjudicator will review the same evidence that was considered in the initial claim decision.
Finally, an HLR typically takes less time than a traditional appeal because it doesn’t involve scheduling a hearing or waiting for new evidence to be submitted.
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Eligibility Requirements for HLR
To be eligible for an HLR, you must have received a decision on your initial disability compensation claim and be dissatisfied with the result.
You cannot have already filed a Notice of Disagreement (NOD) or requested a Decision Review Officer (DRO) hearing.
If you meet these eligibility requirements, you can request an HLR to have a senior VA claims adjudicator review your claim and make a new decision based on the evidence that’s already on file.
Benefits of a Higher Level Review
If you’re dissatisfied with the result of your initial disability compensation claim, a VA Higher Level Review (HLR) may be a good option for you. Here are some of the benefits of requesting an HLR:
Faster Processing Time
One of the main benefits of an HLR is that it typically takes less time than a traditional appeal. Because an HLR doesn’t require a hearing or the submission of new evidence, the VA can review your VA claim more quickly.
In fact, the VA’s goal is to complete an HLR within 125 days, compared to the average processing time of 3-7 years for a traditional appeal.
Option to Submit New and Relevant Evidence
Although an HLR doesn’t require the submission of new evidence, you do have the option to submit new and relevant evidence if you have any.
If you’ve received new medical evidence since your initial VA claim decision, for example, you can submit it along with your HLR request.
This new evidence could potentially change the outcome of your supplemental claim.
Review by a Senior Claims Adjudicator
During an HLR, your claim will be reviewed by a senior VA claims adjudicator who has the authority to make a new decision on your case. This senior adjudicator will take a fresh look at your evidence and consider any new evidence you’ve submitted.
Because the senior adjudicator has more experience and authority than the original claims processor, you may have a better chance of receiving a fair and accurate decision on your claim.
Overall, a Higher Level Review (HLR) can be a good option for veterans who are dissatisfied with the result of their initial VA disability compensation claim.
It offers a faster processing time, the option to submit new evidence, and review by a senior VA claims adjudicator.
If you’re considering an HLR, be sure to understand the eligibility requirements and the process for requesting one.
How to Request a Higher Level Review
If you’re considering a Higher Level Review (HLR), here’s what you need to know about how to request one:
Step 1: Review Your Initial Claim Decision
Before requesting an HLR, you should review your initial claim decision carefully. Make sure you understand the reasons for the decision and the evidence that was considered. If you have new and relevant evidence, make note of it for the next step.
Step 2: Complete VA Form 20-0996
To request an HLR, you’ll need to complete VA Form 20-0996, “Higher-Level Review Request for Review of a Decision.” You can find this form on the VA’s website or by visiting your local VA office. Be sure to fill out the form completely and accurately.
Step 3: Submit Your Request
Once you’ve completed VA Form 20-0996, you can submit your HLR request in one of several ways.
You can mail or fax the form to your local VA office, submit it in person at your local VA office, or submit it online through the VA’s eBenefits portal.
If you’re submitting your request online, you’ll need to create an eBenefits account first.
Step 4: Wait for a Decision
After you’ve submitted your HLR request, the VA will assign a senior claims adjudicator to review your case.
The senior adjudicator will review the same evidence that was considered in the initial claim decision, as well as any new and relevant evidence you’ve submitted.
The VA’s goal is to complete an HLR within 125 days, although the actual processing time may vary.
Step 5: Consider Other Options
If you’re still dissatisfied with the result of your HLR, you may have other options. You can file a Notice of Disagreement (NOD) and request a Decision Review Officer (DRO) hearing, or you can file a formal appeal with the Board of Veterans’ Appeals (BVA).
Be sure to understand the eligibility requirements and process for each option before deciding which one is right for you.
What Happens During a Higher Level Review
If you’ve requested a Higher Level Review (HLR), here’s what you can expect to happen:
Senior Claims Adjudicator Review
During an HLR, a senior VA claims adjudicator will review your claim. The senior adjudicator will consider the same evidence that was considered in the initial claim decision, as well as any new and relevant evidence you’ve submitted.
The senior adjudicator will take a fresh look at your evidence and consider any errors in the initial decision.
No New Evidence Required
Unlike a traditional board appeal, an HLR doesn’t require the submission of new evidence. However, if you have new and relevant evidence, you should submit it along with your HLR request.
The senior adjudicator will consider any new evidence you’ve submitted.
Decision Notification
Once the senior adjudicator has reviewed your claim, you’ll receive a decision notification. The decision notification will explain the senior adjudicator’s decision and the reasons for the decision.
If your claim is approved, the decision notification will also explain your new VA disability benefits compensation rating and the effective date of the new rating.
Other Options
If you’re still dissatisfied with the result of your HLR, you may have other options. You can file a Notice of Disagreement (NOD) and request a Decision Review Officer (DRO) hearing, or you can file a formal appeal with the Board of Veterans’ Appeals (BVA).
Be sure to understand the eligibility requirements and process for each option before deciding which one is right for you.
How Do You Use VA Form 20-0996 for a Higher-Level Review?
If you’re thinking about getting a higher-level review for the VA’s choice on your disability claim, VA Form 20-0996 is your go-to.
Here’s how it works:
- Where Can You Get This Form?
You have a few options:- Online: Look it up and download it.
- Regional VA Office: Head over to your nearest VA office and grab a copy.
- By Phone: Give the VA a call and ask them to mail you one.
- What Information Goes in the Form?
- Section One: Here, you’ll jot down your basic details. This means your full name, birth date, social security number, and some other numbers like your service and VA file number.
- Section Two: This part is all about how you want your review done. Choose if you want it at the same place where you got your original decision or somewhere else. You also get to pick if you want a phone chat (they call it an “informal conference”) with the officer reviewing your case. This is a good time to point out mistakes in the earlier decision.
- Section Three: Clearly list out which parts of the earlier decision you want looked at again and what your current decision status is on each of them.
- Handing Over Your Form:
Once you’ve filled everything out and signed and dated the bottom, you’re good to go. Send it back to the VA. You can mail it, fax it, or hand it over in person. - Wait for the Decision:
After you hand in your form, it usually takes about 5 months to hear back about the VA’s decision on your review.
Remember, using VA Form 20-0996 is an important step in ensuring your disability claim is thoroughly reviewed.
It’s your voice in the process. Make it count!
Conclusion
A Higher Level Review (HLR) can be a good option for veterans who are dissatisfied with the result of their initial disability compensation claim. It offers a faster processing time, the option to submit new evidence, and review by a senior VA claims adjudicator.
If you’re considering an HLR, be sure to understand the eligibility requirements, the process for requesting one, and what happens during an HLR.
If you’re still dissatisfied with the result of your HLR, you may have other options for appealing your claim. Be persistent and don’t give up if you believe you deserve a fair and accurate decision on your disability compensation claim.
If you are interested in learning more about filing for disability benefits, check out our FREE ebook The Road to VA Compensation Benefits .
