Appeals Process

VA Form 20-0996

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Definition

The Decision Review Request form used to file a Higher-Level Review requesting a senior reviewer examine the record.

In This Article

What Is VA Form 20-0996

VA Form 20-0996 is the Decision Review Request form you submit to appeal a VA disability claim decision through the Higher-Level Review process. When the VA denies your claim or rates your disability lower than you believe is appropriate, this form initiates a review by a more senior Decision Review Officer (DRO) at the VA regional office that made the original decision.

This form is one of three appeal options available under the VA's decision review process established in 2019. Unlike filing a formal appeal to the Board of Veterans' Appeals, a Higher-Level Review through Form 20-0996 moves faster. The VA targets a 120-day resolution timeline, though processing times vary by regional office. You have one year from the date of the VA's decision letter to file this form.

Filing Requirements and Process

You must submit Form 20-0996 within one year of receiving the VA's decision letter. The form requires you to identify which specific findings of fact or conclusions of law in the original decision you believe are incorrect. This is a critical distinction: you're not submitting new evidence like updated medical records or a new nexus letter. Instead, you're asking a senior reviewer to examine whether the original decision was legally or factually sound based on the evidence already in your file.

The DRO will review your complete VA disability file, including C&P exam results, your service records, any nexus letters submitted during the original claim, and VA medical evidence. If you work with a Veterans Service Officer (VSO) or VA-accredited representative, they can help you draft the form and identify substantive errors in the original rating decision.

  • You cannot submit new evidence during a Higher-Level Review. New medical evidence requires filing a Supplemental Claim instead.
  • The DRO will make a fresh determination on the same issues reviewed in the original decision.
  • If the DRO agrees with any part of your argument, they can increase your rating or overturn the denial.
  • Processing typically takes 3 to 6 months at most regional offices.

When to Use Form 20-0996

File this form when you believe the VA made a clear error in how they applied the rating schedule, interpreted medical evidence, or established a nexus between your service and disability. For example, if you have a 30 percent rating for knee pain and believe the VA misapplied the diagnostic code criteria, a Higher-Level Review addresses that directly. If your C&P exam results contradict the VA's rating decision, the DRO will weigh that discrepancy.

Do not use this form if you have new medical evidence. Recent treatment records, a new private medical opinion, or an updated nexus letter from a physician require filing a Supplemental Claim instead, which allows new evidence and restarts the one-year timeline.

Common Questions

  • Can I hire a lawyer to represent me on Form 20-0996? Yes, but only after you've received a decision from the DRO. During the Higher-Level Review itself, you can work with a VSO or VA-accredited representative at no cost. If you appeal further to the Board of Veterans' Appeals, you can retain a VA disability attorney or agent.
  • What happens if the DRO denies my Higher-Level Review? You have the right to appeal to the Board of Veterans' Appeals within one year, or you can file a new Supplemental Claim if you have new evidence.
  • Should I obtain a new nexus letter before filing Form 20-0996? No. If you have a new nexus letter, file a Supplemental Claim instead. A Higher-Level Review won't consider evidence not already in your file.

Disclaimer: VetClaimGuide is a document preparation tool. We do not file claims on your behalf, provide legal advice, or represent veterans before the VA. Not affiliated with the Department of Veterans Affairs or the Department of Defense.

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