DISABILITYVA program
Higher-Level Review
Decision review lane where a more senior VA claims adjudicator re-examines the same evidence on record for clear errors of fact or law. No new evidence may be submitted.
Step-by-step guide
What VA looks for: a timely request on the same record
- A decision letter dated within the last yearThe year runs from the date VA issued notice of the decision, shown on the letter.
- A complete requestThe request names the claimant and, if not the veteran, the relationship to the veteran. It is signed, and it lists each issue and the date of the decision on it. If VA says a request is incomplete, a complete one sent within 60 days of VA's notice, or before the year ends, counts from the first date.
- No earlier Higher-Level Review or Board decision on the issueAfter a Higher-Level Review decision, the next options are a Supplemental Claim or a Board Appeal. After a Board decision, they are a Supplemental Claim or the Court of Appeals for Veterans Claims.
Source: 38 CFR 3.2601(d) (opens in new tab); 38 CFR 3.2500(a) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); 38 CFR 3.2601(c) (opens in new tab); VA Form 20-0996 (opens in new tab); 38 CFR 3.2500(c) (opens in new tab); VA.gov: after you request a decision review (opens in new tab)
Which part of the Higher-Level Review applies?
- The 1-year window
A Higher-Level Review asks a more experienced VA reviewer to look again at a decision. VA must receive a complete request within 1 year of the date on the decision letter. Some benefits have a shorter limit, and the decision letter states it. It can follow a first decision or a Supplemental Claim decision, but not a Higher-Level Review or Board decision on the same issue.
Source: 38 CFR 3.2601(d) (opens in new tab); 38 CFR 3.2500(a) (opens in new tab); 38 CFR 3.2500(c) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); VA.gov: decision reviews FAQs (opens in new tab)
- Review on the same record
The reviewer looks only at the evidence in the file on the date VA sent the decision, and cannot take new evidence. The reviewer did not take part in the first decision, usually works in a different office, and gives the first decision no deference. The review covers only the issues you list.
- A fresh look at the same recordThe reviewer decides whether an error of fact or law, or a difference of opinion, changes the decision, using the record as it stood. You do not have to name an error, but you can.
- Each issue listed with its decision dateOnly the issues you list on VA Form 20-0996 are reviewed. All of them must be under one benefit type, such as compensation.
Source: 38 CFR 3.2601(e) (opens in new tab); 38 CFR 3.2601(f) (opens in new tab); 38 CFR 3.2601(i) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); VA.gov: choosing a decision review option (opens in new tab); 38 CFR 3.2601(j) (opens in new tab); VA Form 20-0996 (opens in new tab)
- The informal conference (optional)
You or your representative can ask for one informal conference: a call with the reviewer, only to point out errors of fact or law in the record as it stood. It is not a formal hearing, and no new evidence is taken. VA makes two attempts to reach you or your representative; if neither works, the reviewer decides without the call. Asking for one can make the review take longer.
- The request, made on the formThe conference is requested with the Higher-Level Review itself: item 16A on VA Form 20-0996, or step 3 of the online request.
- A way for VA to reach you or your representativeYou pick who VA contacts and a morning or afternoon time. For VA to call your representative, VA Form 21-22 or VA Form 21-22a must be on file or sent with the request.
Source: 38 CFR 3.2601(h) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); VA Form 20-0996 (opens in new tab); VA Form 21-22 (opens in new tab); VA Form 21-22a (opens in new tab)
- A gap in the help VA owed you
The reviewer checks that VA did its duty to help gather evidence before the first decision. If the reviewer finds a gap and cannot grant the full benefit, the claim goes back so VA can fix the gap, gather the missing evidence, and issue a new decision.
- Help VA owed before the decision but did not giveFor example, records you named before the decision that VA did not request, or an exam the record called for that VA did not order.
Source: 38 CFR 3.2601(g) (opens in new tab); 38 CFR 3.2502 (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); 38 CFR 3.159(c) (opens in new tab); 38 CFR 3.159(c)(4) (opens in new tab)
What to gather, and what it shows VA
| Document | What it shows | How VA gets it | Have it? |
|---|---|---|---|
| The decision letter The letter VA sent with its decision. It lists each issue, what VA decided and why, and the date of the decision. | Which issues VA decided, when, and on what reasons | VA mails it after each decision and already holds it in your file. For disability, pension, burial, and DIC decisions, you can also download it on VA.gov. Copy each issue and its decision date onto VA Form 20-0996. | Yes |
| Earlier review decisions on the same issue Any earlier Higher-Level Review, Supplemental Claim, or Board decision letter on the same issue. | Which review options are still open for the issue | VA mailed each one and already holds them in your file. Check them before you file. | Yes |
| A copy of your claims file Your VA claims file (C-File): the records, exam reports, and statements VA had when it decided. | What was in the record on the decision date | Request your own copy from VA with VA Form 20-10206, online on VA.gov or by mail. It is for you to read; the reviewer already has the file. | |
| VA exam reports and opinions in the file The reports from any claim exam or medical opinion VA used for the decision. | The medical findings VA relied on | They are part of your VA claims file. Request a copy from VA with VA Form 20-10206. | |
| Records you named before the decision Treatment or other records you told VA about, or authorized VA to get, before it decided. | Whether VA gave the help it owed before deciding | Check the claims file and the decision letter to see whether VA requested them. If it did not, list that gap for the VA reviewer. Do not send the records themselves; a Higher-Level Review takes no new evidence. | |
| A written statement of the errors Your argument, in writing, on where VA misread the facts or misapplied the law to facts already in the record. It is not new evidence. | The errors you want the reviewer to look at | Optional. Send it with VA Form 20-0996. VA says a written statement in place of an informal conference can help it decide faster. | |
| Notes for the informal conference Your own list of the errors and where each one shows in the record, for use on the call. | The errors to raise on the call | You keep these for the call. Nothing new can be added to the record during the conference. | |
| Representative appointment VA Form 21-22 names a VSO as your representative; VA Form 21-22a names an accredited attorney or claims agent. | Who VA can talk to about your review | You and the representative both sign it, and it goes to VA. It must be on file, or sent with the request, for VA to call your representative for the conference. |
A Higher-Level Review takes no new evidence. These are the papers that help you see the record and point to the errors. BeneVets does not ask for copies of them.
Steps, in order
- Find the decision letter
Find the letter for the decision you disagree with. Each condition or benefit in it is a separate issue, and each issue can take its own review option. Count 1 year from the date on the letter.
Source: 38 CFR 3.151(c) (opens in new tab); 38 CFR 3.2601(d) (opens in new tab); VA.gov: download VA benefit letters (opens in new tab)
- Check that this is the right lane
A Higher-Level Review fits when you think VA made an error on the evidence it had. If you have new evidence, file a Supplemental Claim or a Board Appeal with evidence instead. A Higher-Level Review cannot follow an earlier Higher-Level Review or Board decision on the same issue.
Source: VA.gov: choosing a decision review option (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); 38 CFR 3.2500(c) (opens in new tab)
- Get free help from a VSO
Free help: an accredited VSO can file this with you. Find one near you in the BeneVets VSO directory at Find an accredited VSO near you. VA also accredits attorneys and claims agents, who can charge fees for work done after VA issues its initial decision on the claim.
Source: VA.gov: accredited representatives (opens in new tab); 38 CFR 14.636(c) (opens in new tab)
- Get a copy of your claims file
To see what VA had when it decided, request your claims file with VA Form 20-10206, online on VA.gov or by mail. You can also review your VA health records on VA.gov.
Source: VA Form 20-10206 (opens in new tab); VA.gov: review medical records online (opens in new tab)
- List the errors on paper
On paper, list each issue and what you think VA got wrong: a fact it misread, a rule it misapplied, or help it owed and did not give. Note where each one shows in the record. Keep the list with your papers; BeneVets does not ask for it.
Source: 38 CFR 3.2601(f) (opens in new tab); 38 CFR 3.2601(g) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab)
- Choose a conference or a written statement
You can ask for an informal conference, a call with the reviewer, or send a written statement of the errors with the request instead. VA says the call is optional and can make the review take longer.
Source: 38 CFR 3.2601(h) (opens in new tab); VA Form 20-0996 (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab)
- Put your representative on file
If you want VA to call your representative for the conference, appoint them on VA Form 21-22 for a VSO or VA Form 21-22a for an attorney or claims agent, and send it with the request if it is not already on file.
Source: VA Form 21-22 (opens in new tab); VA Form 21-22a (opens in new tab); VA Form 20-0996 (opens in new tab); VA.gov: accredited representatives (opens in new tab)
- File VA Form 20-0996
File VA Form 20-0996 so VA receives it within 1 year of the decision letter. A disability compensation request can be made online on VA.gov; other benefits go by mail, in person, or with a representative. Use one form for each benefit type, list each issue with its decision date, and sign it.
Source: VA Form 20-0996 (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); 38 CFR 3.2601(c) (opens in new tab); 38 CFR 3.2601(d) (opens in new tab)
- Pick the office (optional)
The review usually happens in a different VA office. You can ask VA to have the office that made the first decision do the review; VA grants that unless there is good cause not to, such as when only one office handles that kind of claim.
Source: 38 CFR 3.2601(e) (opens in new tab); VA Form 20-0996 (opens in new tab)
- Answer any notice that the request is incomplete
If VA writes that the request is missing something, send a complete one. Sent within 60 days of VA's notice, or before the 1-year window ends, it counts as filed on the date of the first request.
Source: 38 CFR 3.2601(d) (opens in new tab); VA Form 20-0996 (opens in new tab)
- Take the conference call
If you asked for a conference, the reviewer calls, emails, or texts to set a time, and makes two attempts. Have your list of errors ready. Nothing new can be added to the record on the call, and any costs of taking part are your own.
Source: 38 CFR 3.2601(h) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab)
- Go to any exam VA schedules
If the review finds a gap in the help VA owed, VA may gather evidence and schedule an exam. If you miss it without good cause, VA rates a first compensation claim on the evidence it has, and denies a claim for increase, other first claims, and a Supplemental Claim for a benefit denied before. Good cause includes illness, a hospital stay, or a death in the immediate family; if that kept you away, tell VA and VA schedules a new exam.
Source: 38 CFR 3.2601(g) (opens in new tab); 38 CFR 3.2502 (opens in new tab); 38 CFR 3.655(a) (opens in new tab); 38 CFR 3.655(b) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); VA.gov: VA claim exam (opens in new tab)
- Track it and answer VA letters
Check the status on VA.gov and answer any VA letter asking for more information. Do not file a second review on the same issue while this one is pending. To switch, withdraw this one in writing first; a Board Appeal must still be within 1 year of the decision letter.
Source: VA.gov: after you request a decision review (opens in new tab); 38 CFR 3.2500(b) (opens in new tab); 38 CFR 3.2500(e) (opens in new tab)
- Read the decision and the next choices
The new decision letter says whether the reviewer kept the decision, changed it, or found a gap VA must fix first. After a Higher-Level Review decision, you can file a Supplemental Claim (VA Form 20-0995) or appeal to the Board (VA Form 10182). Filing within 1 year of this decision keeps the original start date.
Source: 38 CFR 3.2500(c) (opens in new tab); 38 CFR 3.2500(h) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); VA Form 20-0995 (opens in new tab); VA Form 10182 (opens in new tab)
Good to know
A Higher-Level Review uses only the evidence in the file when VA sent the decision. If you have new evidence, a Supplemental Claim or a Board Appeal with evidence is the route that takes it.
Source: 38 CFR 3.2601(f) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab); VA.gov: decision reviews FAQs (opens in new tab)
Findings VA already made in your favor bind the reviewer unless evidence shows a clear and unmistakable error in them. The reviewer will not lower the outcome on a difference of opinion alone; a clear and unmistakable error is the exception.
Source: 38 CFR 3.104(c) (opens in new tab); 38 CFR 3.2601(j) (opens in new tab)
If you file each next review within 1 year of the decision before it, any award can still start from the date of the original claim. An appeal to the Court of Appeals for Veterans Claims keeps the date only if the court accepts it as timely.
Source: 38 CFR 3.2500(h) (opens in new tab); VA.gov: decision reviews FAQs (opens in new tab)
While a Higher-Level Review on an issue is pending, you cannot file a different review on that issue. You can withdraw it in writing before VA decides and file a different review, within 1 year of the decision letter for a Board Appeal.
Source: 38 CFR 3.2500(b) (opens in new tab); 38 CFR 3.2500(e) (opens in new tab); VA.gov: after you request a decision review (opens in new tab)
When more than one person claims a benefit that only one can receive, a Higher-Level Review is not open. A party asks for review by appealing to the Board within 60 days of the decision notice. The decision letter states the deadline.
Source: 38 CFR 3.2500(g) (opens in new tab); 38 CFR 3.2601(a) (opens in new tab); VA.gov: Higher-Level Reviews (opens in new tab)
VA can extend a time limit to challenge a decision when good cause is shown. A late request goes in with the request for more time, along with the reason it could not be filed sooner.
BeneVets is informational and is not an accredited representative. Free help: an accredited VSO can work through VA benefits with you at no cost. Find an accredited VSO near you
Sources checked September 30, 2026: 38 CFR 3.104(c) (opens in new tab), 38 CFR 3.109(b) (opens in new tab), 38 CFR 3.151(c) (opens in new tab), 38 CFR 3.159(c) (opens in new tab), 38 CFR 3.159(c)(1) (opens in new tab), 38 CFR 3.159(c)(2) (opens in new tab), 38 CFR 3.159(c)(4) (opens in new tab), 38 CFR 3.2500(h) (opens in new tab), 38 CFR 3.2500(a) (opens in new tab), 38 CFR 3.2500(b) (opens in new tab), 38 CFR 3.2500(c) (opens in new tab), 38 CFR 3.2500(e) (opens in new tab), 38 CFR 3.2500(g) (opens in new tab), 38 CFR 3.2502 (opens in new tab), 38 CFR 3.2601(a) (opens in new tab), 38 CFR 3.2601(c) (opens in new tab), 38 CFR 3.2601(d) (opens in new tab), 38 CFR 3.2601(e) (opens in new tab), 38 CFR 3.2601(f) (opens in new tab), 38 CFR 3.2601(g) (opens in new tab), 38 CFR 3.2601(h) (opens in new tab), 38 CFR 3.2601(i) (opens in new tab), 38 CFR 3.2601(j) (opens in new tab), 38 CFR 3.655(a) (opens in new tab), 38 CFR 3.655(b) (opens in new tab), 38 CFR 14.636(c) (opens in new tab), VA.gov: Higher-Level Reviews (opens in new tab), VA.gov: choosing a decision review option (opens in new tab), VA.gov: decision reviews FAQs (opens in new tab), VA.gov: after you request a decision review (opens in new tab), VA.gov: download VA benefit letters (opens in new tab), VA.gov: review medical records online (opens in new tab), VA.gov: accredited representatives (opens in new tab), VA.gov: VA claim exam (opens in new tab), VA Form 20-0996 (opens in new tab), VA Form 20-0995 (opens in new tab), VA Form 10182 (opens in new tab), VA Form 20-10206 (opens in new tab), VA Form 21-22 (opens in new tab), VA Form 21-22a (opens in new tab)