VA Higher-Level Review
If your VA disability benefits claim has been denied or you have received a VA disability rating that you feel is too low, a higher-level review is one of three paths for reconsideration of the decision. A senior-level VA reviewer who did not participate in the initial decision will re-examine your claim. This review allows veterans to challenge a decision without providing new evidence or enduring a more complex appeals process.
In a higher-level review, you can challenge a denial or the disability rating you received and explain mistakes you think the initial reviewer made. If you have questions about whether a higher-level review is appropriate or how to file one, contact Veterans Guide.
On This Page
- Why Choose a Higher-Level Review
- Eligibility Requirements for Higher-Level Review
- How the Higher-Level Review Process Works
- Key Considerations When Requesting a Higher-Level Review
- Common Mistakes To Avoid in the Higher-Level Review Process
- Higher-Level Review vs. Other Appeal Options
- Don’t Face Your Higher-Level Review Alone
Why Choose a Higher-Level Review
Unfortunately, even a seemingly straightforward claim doesn’t always have a smooth ride through the VA disability process. A higher-level review is one type of VA disability appeal for veterans who disagree with a prior benefits decision.
You may file a higher-level review if the VA denied an initial claim, gave you a low disability rating, or denied you other VA benefits. During a higher-level review, a senior reviewer re-examines your evidence. Sometimes, having a more experienced reviewer nets a different outcome.
Compared to other VA disability appeals options, such as going through the Board of Veterans’ Appeals, claimants often receive a quicker resolution through a higher-level review. The process generally takes about four to five months to complete.
When Is a Higher-Level Review Appropriate?
There are several instances where a higher-level review can be beneficial after an initial denial that doesn’t require new evidence. In your request, you can assert that the initial reviewer made errors, including:
- Misinterpreted evidence, such as not making the connection between your service and your disability
- Missed evidence, such as failing to account for the information included in your Public Disability Benefits Questionnaire, or DBQ
- Misapplied law, such as not giving you the benefit of the doubt when the evidence was equal as to whether to grant benefits
- Processing errors, such as incorrect service dates or benefits effective start dates
Faster Process Than Other Appeals
The higher-level review process is a good option for veterans seeking quicker decisions. It is typically faster than filing an appeal with the Board of Veterans’ Appeals. There is no new evidence for higher-level reviewers to consider, such as in a supplemental claim. Rather, the review involves only an investigation of potential errors on the VA’s end.
Eligibility Requirements for Higher-Level Review
Veterans who disagree with an initial claims decision or a supplemental review can request a higher-level review. You cannot request a higher-level review of a previous higher-level review or a Board of Veterans’ Appeals decision.
The letter you received regarding your initial or supplemental claims decisions includes the reasons for denial or the disability level the reviewer assigned you. You can challenge that decision, whether you think you were denied benefits you deserve or that your rating does not reflect your true disability level.
Time Limit for Requesting a Higher-Level Review
You typically have one year from the date of your original or supplemental claims decision to file a higher-level review. Act immediately so you can receive the benefits you deserve for your service-related disability as soon as possible.
How the Higher-Level Review Process Works
A higher-level review has several steps. To prevent delays or a poor outcome, handle your portions of the process carefully and with as much precision as possible.
Step 1: Requesting a Higher-Level Review
You can submit the request for a higher-level review online, by mail, or through a VA regional office. You must complete VA Form-20-0996. Do not include any additional evidence. Pay particular attention to Section V of the form, which is your opportunity to list and explain your specific issues of disagreement.
You can request priority processing under some circumstances, including if you are terminally ill or experiencing extreme financial hardship.
Step 2: What Happens After You Submit the Request?
The VA will assign a senior reviewer to your case who will re-examine all the evidence from your initial or supplemental claim. You don’t have to do anything unless the reviewer requests more information.
You can request one informal conference with a higher-level reviewer. This will slow down the review process, but they can identify specific errors in your case that prompted your initial denial or disability rating.
Step 3: Review and Decision
The senior reviewer will assess your case based on the evidence the VA already possesses from your initial or supplemental claim. You will receive a letter with the higher-level reviewer’s decision and reasoning.
Step 4: Possible Outcomes and Next Steps
Depending on your case, the higher-level reviewer may:
- Deny an initial claim.
- Confirm your initial disability rating.
- Overrule the initial reviewer and approve your claim.
- Assign you a new disability level.
- Send your claim back to the initial reviewer for further development.
The higher-level reviewer may determine that the VA committed a duty-to-assist error by not helping you gather necessary evidence. Such a finding will cause the VA to open a new claim to gather missing proof.
Key Considerations When Requesting a Higher-Level Review
A higher-level reviewer will only consider evidence you submitted with your original claim, not new evidence such as additional medical records. However, you can use the higher-level review process to address errors in your original claim that don’t require new evidence.
The Role of the Senior Reviewer
The senior reviewer makes their decision based on the same evidence and laws as the original decision-maker, but they have the experience to conduct a more thorough and accurate review. They also have the benefit of focusing their review on the reasoning the initial user used in your claims decision and what you are contesting.
What Happens if the Review Is Unsuccessful?
If you do not receive a favorable outcome from your higher-level review, don’t give up. Seek experienced guidance on the next steps based on the reasons for denial. You can still file a supplemental claim with new evidence or take your claim to the Board of Veterans’ Appeals.
Common Mistakes To Avoid in the Higher-Level Review Process
Mistakes in your request can cause significant delays or denial. Follow the higher-level review process to the letter, and avoid errors such as:
- Filing after the one-year deadline: This is a critical error because it can result in the VA refusing to grant you a higher-level review.
- Introducing new evidence: If you want the VA to consider new evidence, you must submit a supplemental claim or appeal to the Board of Veterans’ Appeals.
- Failing to clearly explain the reason for the review request: You must explain in detail why you believe the original decision was wrong. When you complete the form requesting a higher-level review, the VA allows you to attach any necessary explanations you feel bolster your claim.
- Failing to take actions requested by the VA: You may receive a decision review or status update indicating that the VA closed your claim if you fail to respond to its requests.
Higher-Level Review vs. Other Appeal Options
Several factors may influence the appeal type you choose, such as the higher-level review success rate compared to others. Your choice also may be based on the complexity of your claim, how quickly you need a decision, and whether you want to submit new evidence.
Higher-Level Review vs. Supplemental Claim
In a supplemental claim, you can submit new evidence. This may be the best choice, for example, if you have a denial despite a nexus letter or have failed to submit evidence of a secondary condition.
In May 2025, the average decision time for a supplemental claim was 104 days. This is similar to the timeline for a higher-level review, unless you submit extensive new evidence in your supplemental claim.
Higher-Level Review vs. Board of Veterans' Appeals
When you appeal to the Board, a Veterans Law Judge will decide your case. You can submit this appeal with or without new evidence and request a hearing with the judge. A Board appeal takes significantly longer than a higher-level review.
In 2024, the average Board decision time for cases filed since the Appeals Modernization Act was enacted was 937 days without new evidence, 1,028 days with evidence, and 1,091 days if the veteran had a hearing.
Going directly to the Board may be a good option if you have a complex case, such as one with multiple conditions. You might also choose the Board if you believe the VA misapplied the law and want a judge to resolve the issue.
Don't Face Your Higher-Level Review Alone
It can be frustrating when the VA denies your benefits or gives you a low disability rating. You’ve already waited on benefits, so it is essential that you understand the appeals process and don’t make mistakes that can cause further delays or denials.
Get the support you need to navigate the higher-level review process. Contact Veterans Guide using our online form to learn more about the process and get assistance with filing for a higher-level review.
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