The Higher Level Review Process | VA Rating Decisions

Before February 2019, if you didn't agree with the VA's decision, you could submit a Notice of Disagreement within a year of the rating decision and either appeal to the board of veterans appeals or request that a Decision Review Officer (DRO) give it another look. However, Congress passed the "Appeals Modernization Act, or "AMA" in 2019, doing away with the Notice of Disagreement, and instead giving Veterans three appeal "lanes" to choose from:

- Supplemental Claim
- Higher Level Review
- Appeal to the Board of Veterans Appeal

The Higher Level Review, or HLR for short, sends your file to a DRO for review. They can review the decision based on the evidence that was in the record at the time the decision is made. You can request an informal conference with this DRO to discuss the issues, but you cannot present any new evidence; the higher level review is only for mistakes you believe were made during the process itself.

The DRO can do three things:
- Give you what you are asking for (a "Grant")
- Deny your request
- Send the file back for additional review and development, which means they order new exams.

Article -

Important Forms

Higher Level Review Form

#vadisability #veterans

[armymedic]

Question for someone.... I filed and went to my C&P for PTSD in Nov 2022, and then in Sept 2023, they denied it. I called my VSO, and he called someone and talked to them, and the VA admitted they missed all the evidence submitted. The VA admitted they made an error with duty to assist and are correcting the file. Will they backdate to when they denied it, or will they backdate to the original file date of Nov 2022?

[sjcarrano]

I wish I understood what I am going through and the whats, whys, and whens. Filed a claim for Migraines, ED, and Obstructive Sleep Apnea all Secondary to my 50% Mental Health Condition. First had a phone call CP exam. Denied... Next my Veterans Service Attorney (or whatever they are called), Filed a Supplemental Claim. Had in in-person CP exam. DENIED again. Now we filed a HLR and it's been 70 days. For some reason I was advised not to do a Nexus letter because all of the proof "should be" in my file/evidence. I am just so lost and I know the VA intently tries to confuse Vets so they just give up. I am almost there to be honest. I just want this over with success obviously, but I am struggling with this process.

[truthseeker]

Thank you for clarifying the HLR process. I just have a question. The VA denied me peripheal neurathapy. However, my VA ortho dr did a consult to see a neurologist for the condition. If I'm diagnosed for peripheal neurathapy, will the VA grant it and use the effective date of the original filed claim? Thank you.

[comodice]

What do you do if you file pact act presumptive allergic rhinitis and sinusitus get zeros with effective date Sept 22 but filed Sept 23. Then va tries to claim clear and unmistakable error and changes it to Sept 23 and say no due process because non compensate rating. But I had already put in HLR for higher ratings and two zeros equal 10 percent rating

[itsSwagPrince]

i submitted a supplemental claim on November 15 and the status on it says, VA received your Higher-Level Review request,
A higher-level reviewer is taking a new look at your case

why is it a higher level review status when i submitted a supplemental claim ? or is that normal for it to say higher level review?

[Johndough]

how long does it take without an informal conference?

[Rshen]

Hey, doing an hlr now..moved to dta july 17...are you saying i can i submit new evidenxe during the DTA error?
Should i do it now then.. or wait till everything cloaes and then submit a separate supplemental claim?

[MichaelOliver-ryfj]

Hello Andrew! May be in touch IF Not granted! Am at Head of Line with two issues, the $$ One back to
2006-Certified.

[imveryhungry]

Filed a claim, denied service connection because of my C and P examiner. Filed an HLR. Five months later they call me for my informal conference. I just told them uhhh yeah this denial from the CNP examiner makes no sense. They said theyde try to get me a new CNP exam. They did. The second I walked into the new CNP examiners office examiner says, they read through all of my files, has found a nexus. Asked me a few questions about my symptoms wrote stuff down. Then told me after this claim goes through, file a secondary for this other issue. I was dumbfounded because my other CNP examiner was confrontational. Anyway in response to this, I have heard nothing from the VA. Its been exactly a month. No response. I dont even care about the claim anymore that much, it is what it is and the VA is gonna do whatever theyre going to do regardless of what the new CNP examiner wrote, but im curious what the second CNP examiner wrote down. They seemed like a really good person and gave me some great life advice outside of the actual claim. Hope after the decision I can get the report they sent in.

[marcmmclellan]

What is the timeline? I am at 10 months. I submitted a nexus letter with my supplemental claim from a Harvard Ph.D. who is an expert in their field. The VA had a records review conducted by a general MD (who if you read their review, is basically anti-American and hates veterans). On the HLR, the VA determined a DTA error and had a nurse practitioner perform another records review. It seems like they will deny it, and on the next appeal, send me to a vagrant or a bum...

[DonRobinson-leqp]

I recently received a denied decision letter back from the VA on November 15, 2023 for a claim I filed earlier this year. To my total disbelief, the decision letter was a denial for something totally different than what my original claim was for. This is very hard for me to even understand how this can happen. I have all of my original claim documents that list what I applied for and the claim ID number with the date on it. Its no doubt I need to file a higher level review and attach a separate statement to detail this....can your office help?