VA Claim Denied? Higher Level Review and Supplemental Claim Options

 Posted on July 08, 2025 in Uncategorized

Veterans appealing VA disability decisions often feel overwhelmed by options and terminology surrounding Higher Level Review (HLR) and Supplemental Claims. Choosing the optimal appeal path—especially after a denial or an underwhelming rating increase—can directly impact the outcome of your VA benefits claim. Understanding these distinct processes, eligibility criteria, and strategic uses will empower you to best position your appeal for success.

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What Is a Supplemental Claim?

A Supplemental Claim is the VA’s designated path for submitting new and relevant evidence after an adverse decision on your disability claim. New means evidence the VA has never previously considered. Relevant evidence must help prove an essential element of your claim—such as your current diagnosis, in-service incident, or medical nexus linking the two. If you are seeking a higher disability rating, the supplemental evidence should demonstrate entitlement to that increased rating.

When to File a Supplemental Claim:

Denied More Than a Year Ago: If your denial happened over a year ago, a Supplemental Claim (with new and relevant evidence) is mandatory to reopen your case.

• Denied Within the Past Year, But Lacking Evidence: If your claim or rating increase was denied less than a year ago, but you lack enough evidence to win on appeal, the supplemental route is your best choice. This is also true if key aspects of your claim—like a current diagnosis, nexus opinion, or in-service documentation—were missing from your original application.

Key Steps:

• Gather evidence (medical opinions, new diagnoses, service records) that directly address the reason for your previous denial.

• Complete VA Form 20-0995 to initiate the Supplemental Claim (always ensure you use the latest form available).

What Is a Higher Level Review?

Higher Level Review is a streamlined process for challenging VA decisions within one year, without introducing new evidence. Instead, you request a senior VA reviewer to re-examine your case based solely on the evidence already in your file. You may point out clear factual errors, misapplied law, or overlooked evidence.

When to Use a Higher Level Review:

• VA Overlooked Evidence: If, for example, you've submitted a medical nexus opinion that was ignored or not discussed in the VA’s denial.

• Legal Errors: When the VA fails to apply pertinent laws, such as presumptive conditions under the PACT Act.

• Incorrect Effective Dates: Common for retroactive pay denials or missed Intent to File dates.

• No New Evidence Needed: If your full argument is supported by what’s already in the VA file, HLR is often the fastest, most effective option.

Key Steps:

• Complete VA Form 20-0996 for Higher Level Review (check for the most current edition).

• Consider requesting an informal conference, which provides the opportunity to clarify issues directly with the reviewer.

Strategic Combinations: Using Both Paths

You are not limited to one path per appeal. For instance, you could request a Higher Level Review to correct an effective date error on one issue, while filing a Supplemental Claim for another condition that needs additional medical evidence (such as a nexus opinion for sleep apnea after a previous denial). This flexible, issue-by-issue approach maximizes your chances for a favorable outcome on each element of your claim.

Need help navigating VA appeals? Schedule a consultation for tailored support: https://calendly.com/vetlawoffice

Fourth Appeal Option: Board of Veterans’ Appeals

In addition to Supplemental Claims and Higher Level Review, you may also bypass both and take your case directly to the Board of Veterans’ Appeals (BVA) for a hearing before a Veterans Law Judge. This option may be optimal for complex cases involving legal argument, testimony, or when you’ve exhausted other options.

Choosing the Right VA Appeal Option

• Supplemental Claims: Best when you have new evidence to offer for your denied or underrated claim.

• Higher Level Review: Best for pointing out overlooked evidence or legal errors, no new evidence allowed.

• Board of Veterans’ Appeals: Suitable for complex legal arguments or as a next step after exhausting other VA review lanes.

Always tailor your appeal strategy to the nature of your denial and the evidence in your file. Utilize VA’s updated forms and, where possible, seek expert guidance to optimize your appeal.

For personalized assistance with your specific claim or appeal, contact a VA-accredited professional.

Mastering the VA appeal process—by choosing the right path and providing targeted evidence—puts you in the best position to secure the benefits earned through your service.

Need help navigating VA appeals? Schedule a consultation for tailored support: https://calendly.com/vetlawoffice