What Is Higher Level Review
A Higher Level Review is one of three appeal options available to veterans who disagree with a VA disability rating decision. During this review, a Decision Review Officer (DRO) who did not work on your original claim examines the evidence already in your file to determine if the VA made a mistake in applying the law or regulations to your case. Critically, you cannot submit new medical evidence during a Higher Level Review, though you can provide a written statement explaining why you disagree with the decision.
When to File a Higher Level Review
You have one year from the date of your decision letter to request a Higher Level Review. This appeal option works best when you believe the VA misinterpreted existing medical evidence, failed to consider evidence already in your C&P exam file, or made an error in how they applied the VA rating criteria to your condition. For example, if your C&P examiner documented significant functional limitations but the VA rated you at a lower percentage than those limitations support, a DRO can catch that inconsistency.
Higher Level Review is not the right choice if you have new medical evidence, such as a recent surgery, new diagnosis, or updated nexus letter from a treating physician. In those cases, you should file a Supplemental Claim instead, which allows you to submit new evidence.
The Review Process
- The DRO conducts an independent review of your case file without you present
- You can submit a written statement (called a "statement in support of claim") explaining your disagreement, typically one to two pages
- The DRO can request clarification from the VA medical center that performed your C&P exam
- The DRO issues a new decision within approximately 120 to 180 days, though this timeline varies by regional office workload
- If the DRO agrees you deserve a higher rating, they can increase your rating retroactively to the date of your original claim
Critical Limitations
No new medical evidence can be introduced during a Higher Level Review. This includes treatment records, test results, nexus letters from your VA primary care doctor, and statements from your VA neurologist or other treating providers. If your condition has worsened since your initial rating decision, or if you obtained new medical documentation supporting a higher rating, you must file a Supplemental Claim instead.
Additionally, a Higher Level Review does not reset any effective dates. Your increased rating, if granted, becomes effective on the date you originally filed your claim, not the date of the DRO's decision.
Representation During Higher Level Review
You can be represented by a Veterans Service Officer (VSO), VA-accredited attorney, or VA-accredited claims agent during a Higher Level Review. Many VSOs provide this service at no cost, as they are funded by veterans organizations. An attorney or agent typically charges a contingency fee (up to 20% of any back pay awarded). If you work with a Decision Review Officer through VSO representation, your representative can draft your written statement and ensure it addresses the specific regulatory language the VA must apply to your condition.
Common Questions
- Can I request a Higher Level Review if my claim was initially denied rather than rated at a lower percentage? Yes. If the VA denied your claim entirely, you have the same appeal rights as if they had rated you at 0%. A DRO can overturn a denial if the evidence shows you have a service-connected condition meeting the VA rating schedule.
- What happens if the DRO agrees with the original decision? If the DRO upholds the original decision, you can then file a Notice of Disagreement to escalate your case to the Board of Veterans Appeals, which offers a different review process with different standards.
- How often do Higher Level Reviews result in rating increases? The VA does not publish consistent data on Higher Level Review approval rates by condition, but appeals statistics show that roughly 40-50% of all appeals result in some form of favorable outcome, though this varies significantly by VA regional office and condition type.
Related Concepts
- Supplemental Claim - Use this when you have new medical evidence to support a higher rating
- Decision Review Officer - The senior adjudicator who conducts your Higher Level Review