The Higher-Level Review Informal Conference: What It Is and How to Prepare

An HLR is a fresh look at your claim by a more experienced adjudicator who did not make the original decision (38 U.S.C. § 5104B; 38 C.F.R. § 3.2601(e)). The review is "de novo," which means the reviewer gives no deference to the earlier decision (§ 3.2601(i)).

The record, though, is closed. The reviewer looks only at the evidence VA had when it issued the decision you are challenging (§ 3.2601(f)). You request an HLR on VA Form 20-0996, or online for disability compensation, within one year of the date on your decision letter (§ 3.2601(d)).

The informal conference is governed by 38 C.F.R. § 3.2601(h). In plain terms:

• You have to ask up front. You or your representative must request it with the HLR request itself. On the paper form it is item 16A; online it is step 3.
• Its purpose is narrow. The call exists so you can point out errors of law or fact in the prior decision, based on the record as it stood when that decision was made.
• It is usually by phone. The rule says telephone, or another way VA decides.
• You get one. Only one informal conference is allowed per HLR.
• VA tries to reach you, but not forever. VA must make reasonable efforts to contact you. VA's HLR page says the reviewer makes two attempts, and if neither works, the reviewer decides without the call.
• No new evidence. VA will not accept new evidence or new facts during the call.
• Costs are yours. Any expenses tied to the conference are paid by the claimant.

VA also says asking for a conference can lengthen the review. VA's average goal for an HLR is 125 days.

That depends on the case, but a few general points help frame it. A conference tends to fit best when the problem is something a reviewer can check in the existing file: a fact the decision got wrong, evidence the decision never mentioned, or the wrong rating criteria applied. It may matter less when the decision letter already lays out the dispute clearly and speed is the bigger concern.

If your real problem is that evidence is missing, an HLR is not built for that. New and relevant evidence goes in a Supplemental Claim, or to the Board on a docket that accepts evidence.

• Read the decision letter line by line. For each issue, note what VA found and the reason it gave. Our guide to reading your VA decision letter walks through each part.
• Know what was in the file on the decision date. Because the record is closed, the question is what VA had, not what you could get now. A copy of your claims file helps; see our guide to requesting and auditing your C-file.
• Make a short list of errors, each tied to a document. For example: "The decision says there is no in-service treatment, but the service treatment record dated [date] shows treatment for this condition." Note the document's title and date so the reviewer can find it.
• Sort errors of fact from errors of law. A misread record is an error of fact. Applying the wrong rule or rating criteria is an error of law. Both are fair game.
• Look for duty-to-assist errors. VA's duty to help gather evidence does not apply during the HLR itself (38 U.S.C. § 5103A(e)(2)). But if the reviewer finds VA failed that duty before the decision, and cannot grant the maximum benefit on the existing record, the claim must go back for the error to be corrected and the claim decided again (§ 5103A(f)(1); 38 C.F.R. § 3.2601(g)). Records you told VA about that it never tried to get are one kind of issue people raise.
• Keep it short and answer the phone. Have your list and the documents in front of you. Make sure VA has a current phone number, and expect calls from numbers you may not recognize.
• Leave new evidence out of it. It will not be considered on the call. If you have it, a different review option is the place for it.

You will get a new decision letter in every case. The reviewer may rule in your favor, keep the earlier decision, or send the claim back to fix a duty-to-assist error.

Findings already made in your favor are generally binding. The reviewer cannot make the outcome worse based only on a difference of opinion, though clear and unmistakable error is an exception (38 C.F.R. § 3.2601(j)).

A few related rules from 38 C.F.R. § 3.2500:

• You cannot run a second review option on the same issue while the HLR is pending (§ 3.2500(b)).
• You can withdraw an HLR in writing at any time before VA decides it (§ 3.2500(d)).
• After an HLR decision, the next options are a Supplemental Claim or a Board Appeal, not another HLR (§ 3.2500(c)).

Filing that next step on time can protect your effective date; see our guide to effective dates and continuous pursuit. To compare the lanes side by side, see HLR, Supplemental Claim, or Board Appeal?

This article is general information, not legal advice about your situation, and no particular result is guaranteed.