How to file a Higher-Level Review
AMA Appeal Lane 2 — NO new evidence. A senior reviewer at a different Regional Office looks at the same record. Average: ~125 days. Use VA Form 20-0996.
When HLR is the right choice
- VA misapplied a CFR rule (wrong diagnostic code, missed the Painful Motion principle, ignored a presumption).
- There is a clear error of law in the decision narrative.
- The medical evidence in the file already supports a higher rating — VA just didn't credit it.
- The effective date is wrong based on evidence already in the file.
- You don't have any new evidence to submit (if you did, file a Supplemental Claim instead).
Step by step
- Get your C-File first. See C-File walkthrough.
- Identify the specific error. "VA assigned 10% for tinnitus but should have applied the bilateral factor under §4.26 because hearing loss is also bilateral SC." Be specific about what was missed.
- Download VA Form 20-0996 or file online.
- On the form:
- List each issue you're contesting.
- For each, identify the specific error of fact or law.
- Request the informal phone conference — see below.
- File at va.gov/decision-reviews/higher-level-review ↗ or by mail to the Janesville address.
- Wait for the senior reviewer to be assigned and call you.
- Decision typically issued ~125 days from filing.
The informal phone conference — DO IT
What HLR CANNOT do
- You cannot submit new evidence.
- You cannot get a new C&P exam.
- You cannot raise new issues that weren't in the original decision.
If you need any of those, file a Supplemental Claim instead.
Common HLR-winning arguments
- "VA failed to apply the Painful Motion principle (§4.59) — the C&P exam noted pain on motion but VA assigned 0%."
- "VA failed to apply the bilateral factor (§4.26) for paired-limb conditions."
- "VA used the wrong diagnostic code — the condition should be rated under DC X, not DC Y."
- "VA failed to consider the PACT Act / Agent Orange / Camp Lejeune presumption that applies to my service."
- "VA failed to apply the Benefit of the Doubt doctrine when the evidence was in approximate balance."
- "VA assigned the wrong effective date — should be [earlier date] based on my Intent to File / 1-year window / liberalizing law."