The path to securing Veterans Affairs (VA) benefits can be complex and sometimes frustrating. For veterans who are unhappy with the VA's decision on their claim, there is a way to seek a fresh perspective: the Higher Level Review (HLR) appeal. This blog post will explain what the HLR process is, how to navigate it, and provide tips on maximizing your chances of a successful appeal.
What is Higher Level Review?
Higher Level Review is a part of the VA's Appeals Modernization Act, implemented in 2019 to simplify the appeals process. HLR is an option for veterans who disagree with the VA's initial decision on their claim. It involves a more experienced claims adjudicator, known as a Decision Review Officer (DRO), reevaluating the case. The DRO will examine the evidence on file, identify any errors or oversights, and make a new decision based on the existing evidence.
How to Request a Higher Level Review
File VA Form 20-0996: To request a Higher Level Review, you must submit VA Form 20-0996 within one year of the date on your initial decision letter. You can download the form from the VA's website or request a copy from your local VA office.
Explain Your Disagreement: On VA Form 20-0996, you should clearly state why you disagree with the initial decision. Be specific about any errors or oversights that you believe were made during the evaluation of your claim. This explanation will help guide the DRO in their review.
Opt for an Informal Conference: The HLR process allows you to request an informal conference with the DRO. This phone call is an opportunity to discuss your concerns and provide additional context. While it is not required, it can be helpful in ensuring your voice is heard.
Submit Your Request: Once you have completed VA Form 20-0996, mail it to the Evidence Intake Center (EIC) listed on your decision letter or submit it electronically through the VA's online portal.
Tips for a Successful Higher Level Review Appeal
Be Thorough and Organized: When explaining your disagreement, be as thorough and organized as possible. Provide a clear rationale for why you believe the initial decision was incorrect, and point out any specific evidence that supports your claim.
Do Not Submit New Evidence: The HLR process is focused on reviewing the existing evidence in your claim file. Submitting new evidence can delay the process or lead to your appeal being redirected to a different review lane.
Consult with a VA-accredited attorney: An attorney can provide valuable guidance and assistance throughout the appeals process. They can help you understand your options, prepare your HLR request, and represent you during the informal conference.
Be Patient: The HLR process can take several months to complete. While it may be frustrating, it is important to remain patient and allow the DRO sufficient time to conduct a thorough review.
Conclusion
Higher Level Review can be a powerful tool for veterans seeking to have their VA benefits claims reconsidered. By understanding the HLR process, preparing a strong request, and following the tips outlined in this blog post, you can improve your chances of a successful appeal and secure the benefits you deserve. Remember, if you need additional support, consult with a VA-accredited attorney to guide you through the process.
Comments