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How to File for Higher Level Review (Form 20-0996)
Higher level review is a great option for some disabled veterans whose claims have been denied. Higher level review is also an option for those who have received another type of negative determination, such as a disability rating that is too low. Here’s what you need to know about when to choose higher level review and how to file your request.
Higher Level Review Overview
Higher level review is a relatively new process for those seeking veterans disability benefits. It’s one of three alternatives available to veterans who receive a negative determination. The new multi-path process was implemented to help address the backlog of Board appeals and allow some veterans to use a simpler, quicker process.
When you request higher level review of a VA disability determination, a higher-ranking VA employee takes a fresh look at your claim and the supporting evidence. The VA aims to complete this process in just 125 days. That’s a significant improvement over the years it could take to complete the Board appeal process when that was the only option for review. However, there is still a backlog, so don’t take that target date as a hard and fast promise.
There’s a reason higher level review is quicker, though: you aren’t allowed to submit new evidence when you use this route to challenge a VA disability benefits decision. If you have new information to submit, you may want to consider filing a supplemental claim instead.
If you choose higher level review, you will have the option of requesting an informal conference, where you can point out what you believe was wrong in the original determination and point the reviewer to relevant documentation in your existing application.
Not Sure Whether Higher Level Review is Right for You?
It can be tough to determine which is the best approach for you and your claim. An experienced veterans disability benefits advocate can be your best resource for deciding how to proceed and navigating the next steps. To learn more about how we can help, call 855-855-8992 right now. The initial consultation is free.
Requesting Higher Level Review
A veteran has one year from the date of the decision to request higher level review. However, in most cases, you’ll want to proceed more quickly. Since you won’t be able to present new evidence for higher level review, it won’t take long to prepare your application and get the process started. The sooner you file, the sooner you’ll get a decision. If the decision is in your favor, that means you can start receiving veterans disability benefits sooner, or that your rating will be adjusted sooner and you may start receiving more veterans benefits.
Of course, you’ll want to take time to make sure that higher level review is the best option for you and to carefully prepare your application. But, there is rarely a reason to wait long enough that the one-year limitation comes into play.
Make Sure You’re Eligible for Higher Level Review
You can generally request higher level review of your initial application or a supplemental claim, as long as you are within the one-year limitations period. There are a few restrictions on the use of higher level review. For example, you cannot request higher level review if:
- You’ve already been through higher level review on the same claim
- You’ve already been through a Board appeal on the same claim
- You have a contested claim
The Higher Level Review Application
You can apply for higher level review online, or using a paper form 20-0996. If you choose to use the paper form, you can drop it off at your regional office or mail the form to:
Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444
Note that if you are applying for review of a decision on a different type of benefits, such as pension or survivors’ benefits, the address will be different. You can find the appropriate address on the VA website
Make Sure Your Application is Complete and Accurate
Your application for higher level review is your opportunity to explain to the VA exactly what you want from them. You must clearly indicate:
- What type of benefit is involved (you can only request review regarding one type of benefit–if you have issues with more than one benefit type, you must request a separate review for each)
- What issues you would like the VA to review (there may be more than one issue, but they must all apply to the same benefit type)
You will also use the application to indicate that you want an informal conference. If you use the online application option, you can request an informal conference in Section 3. If you use the paper form, you can request an informal conference in item 16A. This conference takes place over the phone, so you will also have to provide information about the best time to contact you. If you are appointing a representative such as a veterans disability advocate to handle the informal conference for you, you will need to provide that information in item 17.
An incomplete or improperly completed form could delay your review or even result in denial, so it’s very important that you take care in completing this form and get help if you have questions.
After Your Request
Once you’ve submitted your application for higher level review, you generally won’t have to do anything other than attend the informal conference (if you requested one). In some cases, the VA will request additional information, or even schedule you for a C&P exam. If that happens, it is important to comply with the requests in a timely manner.
What Happens if Higher Level Review Doesn’t Go Your Way?
If you’ve already been through higher level review and have received a negative determination, you still have options. If you have additional information that might impact your claim, you can file a supplemental claim. And, you can still file for a Board appeal.
The best approach, though, is to carefully choose the type of review you request and put together the strongest application or claim possible. The veterans disability benefits advocates at Veterans Help Group have extensive experience with all types of reviews and appeals and can help you find the best approach for your case. To learn more, call 855-855-8992 or contact us here.
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