VA Form 20-0996, Step by Step: How to Request a Higher-Level Review

Under 38 U.S.C. § 5104B and 38 C.F.R. § 3.2601, the reviewer is someone who did not take part in the earlier decision. They review the issue fresh, giving the earlier decision no deference. But the record is frozen: the reviewer "may not consider additional evidence" that came in after VA sent notice of the decision (§ 3.2601(f)).

That makes an HLR a good fit when you think VA misread evidence already in your file or applied the rules wrong. If you need to add something new, like a medical opinion, a Supplemental Claim is usually the lane. HLR, Supplemental Claim, or Board Appeal? compares all three.

A few limits from VA's Higher-Level Review page and the form's instructions:

• You can't request an HLR of an earlier HLR decision or a Board decision on the same issue.
• You can't have two review lanes open for the same issue at once (38 C.F.R. § 3.2500(b)).
• Contested claims, where two people claim the same benefit, don't qualify.

Have your decision letter in front of you. How to Read Your VA Decision Letter shows where the issues, dates and favorable findings appear.

Section I (Items 1 to 8) identifies the Veteran: name, Social Security number, VA file number, date of birth, address, phone and email. VA may return an incomplete form, so fill in everything that applies. If you are experiencing homelessness or are at risk of it, check the box under Item 6.

Fill out Section II (Items 9 to 14) only if the claimant is someone other than the Veteran, such as a surviving spouse.

Item 15 asks you to pick exactly one benefit type, such as Compensation, Pension/DIC/Survivors Benefits, Education or Veterans Health Administration. If you disagree with decisions in two benefit types, file two forms.

Item 16A lets you ask for an informal conference, a phone call with the reviewer to point out errors of fact or law (§ 3.2601(h)). You get one per HLR. You can't bring up new evidence on the call, and the form warns that asking for one may slow down the decision.

If you check 16A, use 16B to choose who VA calls and whether mornings or afternoons are better. VA makes two attempts to reach you. If both fail, the reviewer decides without the call. If you want VA to call your representative, list their name and contact details in Items 17A to 17C, and make sure their appointment form (VA Form 21-22 or 21-22a) is on file or attached.

The instructions offer another route: skip the call and attach a written statement explaining where VA misread the facts or misapplied the law. If you do want the call, the informal conference guide covers how to prepare.

In Item 18A, list each issue you disagree with, using the words your decision letter uses (for example, "evaluation of PTSD, currently 30 percent" or "service connection for right knee condition"). In Item 18B, enter the date of the decision notice for each one. Only the issues you list will be reviewed. Attach extra pages if needed.

Under § 3.2601(c), a complete request must be signed and must give the date of the decision being reviewed. If VA finds your form incomplete, § 3.2601(d) lets you keep your original filing date if you send a complete one within 60 days of VA's notice or before your one-year period ends, whichever is later.

Still in the legacy appeals system? The instructions say filing within 60 days of a Statement of the Case or Supplemental Statement of the Case opts the listed issues into the new system, and you can't go back.

Sign and date Items 19A and 19B in ink, not pencil. Someone signing for you must include VA Form 21-0972, Alternate Signer Certification. A representative may sign Section VII instead, but only if a valid 21-22 or 21-22a is on file or attached.

VA must receive the form within one year of the date of your decision notice (§ 3.2601(d)). The form instructions say to send it to the office or processing center named on your decision letter. For compensation, VA's HLR page lists Department of Veterans Affairs, Claims Intake Center, PO Box 4444, Janesville, WI 53547, and it accepts online requests for compensation. Keep a copy and proof of mailing.

Filing within the year also keeps your claim "continuously pursued," which can protect your effective date. Effective Dates and Continuous Pursuit explains how.

VA's goal for non-health-care HLRs is an average of 125 days (4 to 5 months), and a conference can add time. The reviewer may:

• grant some or all of what you asked for;
• keep the decision the same; or
• find a duty-to-assist error, such as a missing record or a needed exam. If the reviewer can't fully grant the issue, they must send it back so VA can fix the error and decide it again (§ 3.2601(g)).

The reviewer can't make the outcome worse based only on a difference of opinion (§ 3.2601(j)), and favorable findings VA already made generally stay binding (§ 3.2601(i)). (See When Does a VA Decision Become Final?.) If you still disagree after the HLR, you can file a Supplemental Claim with new evidence or appeal to the Board (Board Appeal Dockets).

• Decision letter in hand, with issues and dates copied exactly
• One benefit type per form
• Informal conference box checked only if you want the call (or a written statement attached instead)
• Representative's 21-22 or 21-22a on file if VA should call them
• Signed in ink and dated
• Received by VA within one year of the decision notice date, with a copy kept

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