Decision Review Request: Higher-Level Review

Match exactly to your VA records as they appear on every prior letter or DD-214 - any mismatch causes intake delays.

(use legal name from DD-214)

Common mistakes

• ×Mismatched name/SSN - HLR rejected at intake.

Date on the decision letter. Starts the 1-year clock for effective-date protection on appeal.

MM/DD/YYYY

Common mistakes

• ×Using the date you received the letter instead of the date on the letter.

Authority

• 38 CFR 3.400 - Effective date rules including ITF protection of effective date.
• 38 USC 5110 - General effective-date rules and ITF protection.

List each issue with the condition name + the specific error you believe occurred. Be specific: "Denied service connection for tinnitus on the basis that there is no in-service event documented - but in-service event IS documented in STR p. 47 (12/15/2008 sick call for ringing in ears after firing range exposure) which the original rater missed."

e.g.,
1. Tinnitus - DENIED. Error: rater overlooked STR p. 47 documenting 12/15/2008 in-service ringing in ears.
2. Lumbar DDD - rated 10%, should be 20% under DC 5237 because flexion limited to 60 degrees per 09/2024 C&P (rater applied wrong DC).

Common mistakes

• ×Vague issue descriptions - identify specific error of fact or law.
• ×Adding new evidence - HLR will reject. Use Supplemental Claim instead.
• ×Forgetting to identify the specific error - HLR is about catching errors; without identifying one, the reviewer has nothing to act on.

Authority

• 38 CFR 3.156(b) - AMA supplemental claim threshold - lower than legacy "new and material."
• M21-1 VIII.iv.1 - Supplemental, HLR, and Board appeal lane mechanics.

YES = a 30-minute phone call with the senior reviewer before they decide. You (or your representative) can discuss the case, point to specific evidence, and clarify your argument. Highly recommended for complex cases. NO = decision based on file alone.

YES (recommended) or NO

Common mistakes

• ×Skipping the informal conference - it's the single best chance to verbally walk the senior reviewer through your argument. Almost always recommended.
• ×Requesting the conference but missing the scheduled call - reviewer proceeds without your input.

List your VSO, attorney, or agent. If you don't have one, consider 21-22 (VSO, free) before HLR - reps are extremely helpful in informal conferences.

e.g., Disabled American Veterans (DAV)

Common mistakes

• ×No representative on HLR - VSOs handle informal conferences in their sleep.

Related ClaimRecon tools

• form-guide-21-22 - Free VSO representation - especially valuable for HLR informal conferences.

Sign and date. By signing you certify the statements are true to the best of your knowledge under penalty of perjury.

(signature/date when filing)

Common mistakes

• ×Forgetting to sign - VA returns.