VA Claim Higher Level Review
Published May 9, 2020
M21- 5.1.a. Definition: Higher-Level Reviews
Higher-level reviews (HLRs) consist of de novo reviews of the issue(s) identified by requesters on a completed VA Form 20-0996, Decision Review Request: Higher-Level Review. De novo review means the reviewer reexamines and re-adjudicates the claim in question without deference to the prior decision, except for proper favorable findings.
M21- 5.1.c. Restrictions of HLRs
VA must receive the completed VA Form 20-0996 within one year of the notification letter for a decision made on or after February 19, 2019. If not timely received, inform the claimant using letter HLR Not Timely.
VA cannot consider requests for an HLR of an issue that is pending under a different review option, absent a request to withdraw the pending review, or if it is simultaneously received with a request for another type of review for the same issue. Inform the claimant of this restriction using letter, HLR Rejection. Process the non-HLR issue unless VA promptly receives a written notice to withdraw. VA does not require a particular form for this withdrawal.
A claimant may not request an HLR of an HLR, or an HLR of a Board decision involving the same issue. VA must make at least one intervening supplemental claim decision, in such circumstances.
HLRs cannot be requested for proposals
A higher-level review has to be submitted on a VA Form 20-0996.
It has to be submitted within 365 days of the rating decision denial.
Proposal’s to reduce cannot be submitted for higher-level review.
You can request another regional office to conduct the higher-level review
How do you know which regional office completed your rating?
Look in the upper right-hand corner of the notification letter and it will have a 3-digit number.
Example: 316 Atlanta RO, 317 St. Petersburg RO, 315 Columbia, SC RO
You can ask for an informal conference from the adjudicator.
You have to list the specific issues why you are submitting a HLR and the date of the rating decision.
Disclaimer: I am not an adviser. These videos are for educational purposes only. While it is possible to maximize your benefits, it’s solely your responsibility to become educated on the VA disability compensation claims process. It is imperative that you conduct your own research. I am merely sharing my opinion with no guarantee of any benefits.
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