What is Higher Level Review?

What is Higher Level Review?

If you’ve been denied veterans disability benefits or your VA disability rating isn’t as high as you believe it should be, you have multiple options for challenging the decision. While there are advantages to being able to choose your next step, it can also be confusing. An experienced veterans disability benefits advocate can help you determine which approach is best suited to your claim.

For decisions made after February 19, 2019, veterans have three choices: 

• File a supplemental claim
• Appeal to the Board of Veterans’ Appeals
• Request higher level review

In this post, we’ll focus on higher level review.

How Does Higher Level Review Work? 

In simple terms, this is just what it sounds like someone higher up the ladder reviews the application and evidence presented and makes a new decision. One advantage of higher level review is that the process generally moves faster. The VA’s goal is to complete the review process in 125 days, or just over four months. It’s also a simpler process for the veteran, since the review is based on the same information and documentation already submitted. 

That also means that you can’t present additional information to help tip the scales. So, if your condition has worsened, you have supplemental medical evidence to submit, or you otherwise believe your claim could be strengthened, higher level review is usually not the best approach. 

Fortunately, if the review doesn’t go your way, you still have the option of requesting a Board hearing. So, requesting higher level review first is relatively low risk. 

When is Higher Level Review the Right Choice?

Higher level review is just a fresh look at the cold record by a senior reviewer. So, the most appropriate time to make use of this process is when there is a clear issue requiring review and you and your advocate do not believe your claim would be strengthened by providing additional evidence. One example might be when the original decision included a finding of fact that is directly contradictory to your medical or service records. 

Though you can’t present new evidence for higher level review, you can request an informal conference with the reviewer. You can use this conference to explain why you believe the original determination was wrong and point the reviewer to evidence in the original submission you feel may have been overlooked or not given sufficient weight. 

Next Steps after a Negative VA Disability Determination

If you’re unsure about the best next steps after you’ve been denied veterans disability benefits or received an inappropriately low rating, the answer is clear: get knowledgeable guidance about your options. The experienced VA disability benefits advocates at Veterans Help Group have extensive knowledge of the three options for moving your claim forward after a negative decision. 

To learn more about how we can help you choose the best path for you and advocate for you throughout the process, call 855-855-8992 or contact us here.