How to Prepare a Written Argument for Your VA Higher-Level Review Request

Here’s what most veterans don’t know about higher-level reviews:

The reviewer gets your case fresh. No bias. No preconceptions. Just a clean slate and your argument.

Most veterans file an HLR thinking it’s just another form. They submit VA Form 20-0996 with the same evidence that already led to their denial.

That’s like replaying the same movie hoping for a different ending.

The higher-level review isn’t about submitting more evidence. It’s about showing errors in the original decision. Big difference.

Think of your written argument as a compass. Without it, the senior reviewer might head in any direction. With it, you point them straight to the errors that matter.

What is a VA Higher-Level Review and When Should I Request One?

A higher-level review is your opportunity for a senior claims adjudicator to take a fresh look at your claim.

No new evidence. No C&P exam. Just a senior VA employee reviewing what’s already there.

Here’s the key: you have within one year of your rating decision to file an HLR. Miss that deadline, and this option disappears.

Understanding the VA Higher-Level Review Process

The higher-level review process works like this:

A more experienced adjudicator – someone who’s processed thousands of claims – reviews your entire file. They look for specific errors you’ve identified. They apply their expertise to interpret the existing evidence differently.

The reviewer isn’t allowed to consider any new evidence you submit. Their job is to check if the original decision got it right or wrong.

Comparing Higher-Level Review to Other Appeal Options

Three lanes under the Appeals Modernization Act:

Higher-level review
Supplemental claim
Board appeal

Each lane has its purpose.

HLR for error correction. No new evidence allowed, but faster processing (typically 125 days).

Supplemental claim for introducing new evidence. Takes longer, involves development.

Board appeal for when you want a VA judge to decide. Longest process, but can include hearings.

Timing Your Higher-Level Review Request Effectively

The one-year rule isn’t negotiable.

From the date of your decision letter, you have 365 days to file an HLR. Not the date you received it. Not the date you read it. The date on the letter itself.

For clarity on timelines and procedures, review 38 CFR § 3.2601.

Pro tip: File for an HLR electronically through VA.gov. It provides immediate confirmation of your filing date.

How Do I Identify Errors in My VA Disability Claim Decision?

Errors hide in rating decisions like typos in fine print.

Most veterans miss them because they’re focused on the outcome, not the reasoning.

Recognizing Common Rating Decision Errors

Here’s what to look for:

Misapplication of rating criteria – The adjudicator applied the wrong diagnostic code or percentage rating for your symptoms.
Overlooked favorable evidence – That private medical opinion you submitted? The one saying your condition is service-connected? They ignored it.
Flawed C&P examination – The exam was inadequate, the examiner didn’t review all records, or the rationale was conclusory.
Duty to assist errors – The VA failed to obtain necessary records or schedule needed exams.

Duty to Assist Errors and Their Impact

The VA’s duty to assist isn’t optional.

When the VA fails to get your service treatment records, private medical records, or schedule a necessary C&P exam, they’ve committed a duty to assist error.

These errors matter because they create gaps in your file. If the reviewer can’t see the full picture, they can’t make a fair decision.

Distinguishing Between Factual and Legal Errors

Think of factual errors as “what happened” mistakes:

“The adjudicator said I never complained of back pain during service, but my STRs show three documented complaints.”

Legal errors are “what should have been applied” mistakes:

“The adjudicator applied a 10% rating for limited knee motion, but the evidence supports 20% under 38 CFR 4.71a.”

Both types of errors matter. Your written argument should highlight both.

What Should I Include in My Written Argument for Higher-Level Review?

Your written argument isn’t a sob story. It’s a blueprint for correction.

Crafting a Clear and Concise Error Statement

Initially, start with precision:

“The rating decision dated [date] erred by failing to consider the private medical opinion from Dr. Smith dated [date], which established nexus between my service-connected condition and my claimed secondary disability.”

Not this: “The VA made several errors in my claim and I deserve a higher rating.”

Supporting Your Argument with Existing Evidence

Point directly to evidence already in your file:

“Page 24 of the C-file contains Dr. Jones’ opinion stating my PTSD symptoms meet the 50% rating criteria in 38 CFR 4.130.”

Subsequently, every error you identify needs a paper trail pointing to it.

Addressing VA’s Rating Decision Specifically

Next, quote the decision’s exact language, then show why it’s wrong:

“The decision states ‘no evidence of service-connected depression.’ However, the C&P exam dated [date], pages 15-17, documents symptoms of depression secondary to service-connected PTSD.”

Structuring Your Argument for Maximum Impact

Furthermore, follow this proven format:

Identify the specific error – Be precise about what went wrong
Cite the correct standard – Reference the regulation or case law
Present the overlooked evidence – Show what the adjudicator missed
Demonstrate the impact – Explain how this error affected your rating

Consequently, this structure makes it easy for the reviewer to follow your logic and correct the error.

Common Elements of Strong Written Arguments

Additionally, successful HLR arguments typically include:

Direct quotes from the rating decision
Specific page references to existing evidence
Clear explanations of why evidence was misinterpreted
Citations to relevant VA regulations or case law

Therefore, incorporating these elements significantly increases your chances of success.

What Not to Include in Your Written Argument

Importantly, avoid these common mistakes:

New evidence – Remember, no new evidence allowed in HLR
Emotional appeals – Focus on facts and legal arguments
Irrelevant information – Stay focused on specific errors

As a result, a well-crafted argument sticks to what the reviewer can legally consider.

How Do I Submit My Higher-Level Review Request and Written Argument?

Three ways to submit:

Online through VA.gov (fastest)
Mail to the address on VA Form 20-0996
In person at a regional office

Completing VA Form 20-0996 Correctly

The form seems simple. That’s deceptive.

Critical fields:

Part V: Issues you want reviewed (be specific)
Part VII: Whether you want an informal conference

Tip: Always request an informal conference. It’s your chance to speak directly with the reviewer.

Options for Attaching Your Written Argument

You can:

Attach your written argument to VA Form 20-0996
Submit it separately (include your claim number)
Bring it to your informal conference

Regardless of which method you choose, keep a copy for your records.

Tracking Your HLR Submission

After submission:

Check your claim status online at VA.gov
Watch for notification of receipt (usually within 2 weeks)
Note your file number for all correspondence

Ensuring Your Submission is Complete

Furthermore, verify that your submission includes:

Completed VA Form 20-0996
Your written argument (if not including oral argument only)
Veteran’s identification information
Clear statement of issues for review

Consequently, a complete submission prevents unnecessary delays.

What Happens During an Informal Conference for Higher-Level Review?

Think of the informal conference as your oral argument.

You (or your accredited representative) speak directly with the senior reviewer. No new evidence, but you can clarify existing evidence and emphasize errors.

Preparing for Your Informal Conference with the VA Reviewer

Preparation wins conferences:

Review your entire C-file
Organize your error arguments logically
Prepare specific cites to evidence in the file
Bring copies of relevant documents

Effectively Communicating Your Arguments Verbally

The reviewer has limited time. Make every minute count:

“Ma’am, the original decision overlooked three pieces of evidence I’d like to discuss: the nexus opinion on page 45, the buddy statement on page 78, and the VA treatment record on page 112.”

Stay focused. Always remain respectful. Stay factual.

Following Up After Your Informal Conference

Within 48 hours:

Email a summary of key points discussed
Note any additional evidence the reviewer mentioned
Confirm their understanding of your arguments

How Can I Strengthen My Case if the Higher-Level Review is Unfavorable?

An unfavorable HLR isn’t the end. It’s often just the beginning.

Transitioning to a Supplemental Claim with New Evidence

If the HLR reviewer upholds the denial, you have options:

Appeal to the Board of Veterans’ Appeals
File a supplemental claim with new and relevant evidence
Submit another HLR on different issues.
1. 1. NOTE: You can not file another HLR on the same issue.

Understanding Your Appeal Rights After HLR

After an unfavorable HLR decision, you get a new one-year window to:

File a supplemental claim
Appeal to the Board
Request another review (on different issues)

Working with Veterans Service Organizations or Accredited Representatives

Accredited representatives know the system’s shortcuts and pitfalls.

They can help:

Identify overlooked errors
Craft effective written arguments
Represent you in informal conferences
Navigate subsequent appeal options

What Are Common Mistakes to Avoid in the HLR Process?

Mistakes veterans make during the HLR process:

Submitting New Evidence (Not Allowed in HLR)

The biggest mistake: trying to submit new evidence during an HLR.

It’s not allowed. Period.

If you have new evidence, file a supplemental claim instead.

Missing Critical Deadlines in the Appeal Process

The one-year deadline isn’t a suggestion.

Mark your calendar. Set reminders. Don’t miss it.

Failing to Identify All Potential Errors

Review your decision letter carefully. Line by line.

Look for:

Misstatements of fact
Misapplications of law
Overlooked evidence
Procedural failures

Every error strengthens your case.

Conclusion: Your Path to a Successful to a Higher Level Review

Every VA denial contains the seeds of its own reversal.

Importantly, the real question isn’t whether errors exist in your decision—rather, it’s whether you can identify them and articulate them effectively.

The VA claims system wasn’t designed for simplicity, but it can be navigated with the right tools. Download our free guide: The 5 Fatal Flaws that Get Post-9/11 Orthopedic Claims Denied to understand the common pitfalls, explore our articles for deeper insights, or book a consultation to create your personalized claim strategy.

REFERENCES:

Department of Veterans Affairs. (2023). Appeals Modernization Act. Retrieved from https://www.va.gov/decision-reviews/
United States Code. (2023). 38 U.S.C. § 5104 – Decisions and notices of decisions. Retrieved from https://www.law.cornell.edu/uscode/text/38/5104
Department of Veterans Affairs. (2023). VA Schedule for Rating Disabilities. Retrieved from https://www.law.cornell.edu/cfr/text/38/part-4
VA Office of General Counsel. (2023). M21-1 Adjudication Procedures Manual. Retrieved from https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015802/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-A-Overview-of-the-HLR-Lane
United States Court of Appeals for Veterans Claims. (2023). Duty to Assist Precedent. Retrieved from https://www.law.cornell.edu/cfr/text/38/3.159
Department of Veterans Affairs. (2023). VA Form 20-0996: Decision Review Request: Higher-Level Review. Retrieved from https://www.va.gov/find-forms/about-form-20-0996/
United States Code. (2023). 38 CFR § 3.102 – Reasonable doubt. Retrieved from https://www.law.cornell.edu/cfr/text/38/3.102
Code of Federal Regulations. (2023). 38 CFR § 3.310 – Secondary service connection. Retrieved from https://www.law.cornell.edu/cfr/text/38/3.310
Department of Veterans Affairs. (2023). VA Claim Status Tool. Retrieved from https://www.va.gov/claim-or-appeal-status/
National Veterans Legal Services Program. (2023). Veterans Benefits Manual. Retrieved from https://www.nvlsp.org/resources/veterans-benefits-manual