Higher-Level Review (lane 2)

NO new evidence allowed. A senior reviewer at a different Regional Office reviews the same record and decides whether VA got the law wrong on the existing facts. Includes an optional informal phone conference. Average: ~125 days.

Use Higher-Level Review when

• VA misapplied a CFR rule (wrong diagnostic code, missed the Painful Motion principle, ignored a presumption)
• There is a clear error of law in the decision narrative
• The medical evidence in the file already supports a higher rating — VA just didn’t credit it
• The effective date is wrong based on the evidence in the file

The informal conference

You can request a phone conference with the senior reviewer. TAKE IT. It costs nothing, lasts 15–30 minutes, and gives you a chance to walk the reviewer through your argument before they decide. Prepare a one-page outline of the errors in the original decision and the legal authority that should have applied.

Form to file: VA Form 20-0996.

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