On April 23 2020 I submitted a claim for my right knee. May 15th I received a denial letter. I requested a VA Higher-Level Review on June 2nd. On Oct. 20 I received my informal conference call. Today, Oct. 24 on Va.gov I noticed the VA Higher-Level Review was closed and a new claim opened on Oct. 22 with a submittal date of April 23rd.
Under the view detail tab of the claim it says
What you’ve claimed:
right knee strain (please see VBMS note dated 10/22/2020) (Supplemental)
What could this mean for me and my claim?
What is a higher-level review? A VA HIGHER-LEVEL REVIEW is a new review of an issue(s) previously decided by the Department of Veterans Affairs (VA) based on the evidence of record at the time the VA issued a notice of the prior decision. The Higher-Level Review WILL NOT consider any evidence received after the notification date of the prior decision.
How long does a VA Higher-Level Review take?125 days. How long does it take the VA to make a decision? Our goal for completing HHigher Level Review is an average of 125 days.
Source: VA.gov
VA Higher-Level Review
If you disagree with VA’s decision, you can request to have a senior reviewer take a new look at your case. The reviewer will determine whether the decision can be changed based on a difference of opinion or an error.
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Can I request a VA Higher-Level Review?
You can request a Higher-Level Review of an initial claim or Supplemental Claim decision. You have one year from the date on your decision letter to request a VA Higher-Level Review.
This option isn’t available after a previous Higher-Level Review or Board Appeal on the same claim. It’s also not available if you have a contested claim (this is rare).
Note:
- You can’t submit any evidence.
- You and/or your representative can speak with the reviewer on the phone. You can tell them why you think the decision should be changed and identify errors.
How long does it take VA to make a decision?
4-5 months
Our goal for completing Higher-Level Reviews is an average of 125 days.
What should I expect if I request a call with a senior reviewer?
If you request an informal conference with a senior reviewer, they’ll call the phone number that you or your representative provided on the Higher-Level Review form to schedule a time to discuss your case with you. During the call, you and/or your representative can talk about why you think the decision should be changed and identify errors, but you cannot submit new evidence.
Note: The senior reviewer will try to reach you or your representative by phone, and if no one answers, they’ll leave a voicemail. If the senior reviewer is unable to leave a message or make contact after 2 attempts, they’ll proceed with their review and issue a decision.
How do I request a Higher-Level Review?
To request a Higher-Level Review, fill out the Decision Review Request: Higher-Level Review (VA Form 20-0996).
Download VA Form 20-0996 (PDF)
- Select a benefit type in Part I of the formThe most common benefit type is compensation, but if you’re unsure, check your VA decision. You can’t select multiple benefit types. You have to complete a separate form for each type.
- Optional: Request a call (informal conference) with the reviewer
Note: You and/or your representative can speak with the reviewer on the phone. You can tell them why you think the decision should be changed and identify errors. To schedule an informal conference, select times and list a phone number in Part II of the form. A reviewer will call 2 to 4 weeks after VA processes your request. - List the issue(s) you want to be reviewed in Part III of the form you can include all or just some of the issues VA has decided. You’ll need to list the issue(s) you disagree with and the VA decision date for each.
Note: You can’t submit any evidence.What if I have new and relevant evidence? If you have evidence to submit, please select another decision review option.
Learn more about the decision review options - ApplyFill out the Decision Review Request: Higher-Level Review (VA Form 20-0996).
Download VA Form 20-0996 (PDF) Submit your application by mail, in person, or by fax By mail send the completed form to the benefits office that matches the benefit type you selected on the form.
Compensation Department of Veterans Affairs Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444
In person Bring your completed form to a regional benefit office.
Find a regional benefit office near you
By fax: Fax your completed form and any supporting documents to 844-531-7818. You can also ask a regional benefit office for a copy of this form to fill out. Or you can call the VA toll-free hotline at 800-827-1000, Monday through Friday, 8:00 a.m. to 9:00 p.m. ET, to request a form.
- Find addresses for other benefit types
VA Higher-Level Reviews
If you disagree with a VA decision, you or your representative can request a new review of your case by a VA higher-level reviewer. The reviewer will determine whether an error or a difference of opinion changes the decision. You can’t submit new evidence with a VA Higher-Level Review.
Can I request a VA Higher-Level Review?
You can request a VA Higher-Level Review of an initial claim or Supplemental Claim decision. You have 1 year from the date of your decision letter to request a VA Higher-Level Review.
Note: You can’t request a VA Higher-Level Review after a previous VA Higher-Level Review or Board Appeal on the same claim. And you can’t request a VA Higher-Level Review if you have a contested claim.
Learn more about contested claims
How long does a VA Higher-Level Review take?
Our goal for completing VA Higher-Level Reviews is an average of 125 days (4 to 5 months).
Note: If you ask for an informal conference as part of your VA Higher-Level Review, it may take us longer to complete. Instead, you may want to consider submitting a written statement with your application to tell us about the errors you’ve identified. This will help us make a decision faster.
What’s an informal conference?
An informal conference is a call with the VA higher-level reviewer for your case. If you choose to have an informal conference, the reviewer will call to schedule a time to discuss your case with you. They’ll call the phone number that you provided on the VA Higher-Level Review form.
During the call, you or your representative can identify errors and discuss why you think the decision should change. You can’t submit new evidence.
If no one answers when the VA higher-level reviewer calls, they’ll leave a voicemail. If they can’t leave a message or make contact after 2 attempts, they’ll review and decide your case without an informal conference.
How do I ask for an informal conference?
If you want a call with a higher-level reviewer, you’ll need to choose the informal conference option when you request a VA Higher-Level Review.
You’ll need to choose either a morning or afternoon time frame for your call. You’ll also need to choose whether you want us to call you or your representative. If you’d like us to call your representative, fill in their name and phone number.
If you request a VA Higher-Level Review online, you can ask for an informal conference in step 3 of the online form.
If you request a VA Higher-Level Review by mail or in person, you can ask for an informal conference by marking the circle in item 16A on VA Form 20-0996.
Note: You can have only one informal conference for each VA Higher-Level Review. Make sure you have the information you want to talk about with the reviewer ready. Prepare to explain any errors in your case.
How do I request a VA Higher-Level Review?
For disability compensation claims, you can request a VA Higher-Level Review online right now.
Request a VA Higher-Level Review
Note: For other types of claims, you’ll need to request a VA Higher-Level Review either by mail or in person.
Other ways to request a VA Higher-Level Review
By mail
Fill out the Decision Review Request: VA Higher-Level Review (VA Form 20-0996).
Get VA Form 20-0996 to download
Send the completed form to the benefits office that matches the benefit type you selected on the form.
Compensation
Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444
Expand all +
Find addresses for other benefit types
In-person
Fill out the Decision Review Request: Higher-Level Review (VA Form 20-0996).
Get VA Form 20-0996 to download
Bring your completed form to a VA regional office near you.
Find your nearest VA regional office
You can also ask a regional benefit office for a copy of this form. Or call us at 800-827-1000 (TTY: 711) to request a form. We’re here Monday through Friday, 8:00 a.m. to 9:00 p.m. ET.
Helpful information for filling out your form
Keep reading for help completing certain sections of the Decision Review Request: Higher-Level Review (VA Form 20-0996).
Section III: Select a benefit type
The most common benefit type is compensation. If you’re unsure, check your VA decision. You can’t select multiple benefit types. You have to complete a separate form for each type.
Section VI: List the issues you want us to review
You’ll need to list the issues you disagree with and the VA decision date for each. You can include all or just some of the issues we’ve decided on, but they must all be within the same benefit type.
Note: You can’t submit any evidence.
What if I have new and relevant evidence?
If you have evidence to submit, please select another decision review option.
Learn more about the decision review options
What happens next?
Find out what happens after you request a decision review
You don’t need to do anything while you wait unless VA sends you a letter asking for more information. If VA schedules exams for you, be sure not to miss them.
If you’ve filed a request for a VA Higher-Level Review, we may randomly select you to receive an email with a short, optional survey. If selected, you’ll get a survey about a week after we receive your initial claim. You’ll get a second survey about a week after you receive your decision notification letter. You aren’t required to fill out either survey, but your feedback will help us improve the decision-review process. It takes about 3 minutes to answer the questions. Please review your VA.gov profile to make sure we have your most recent email address.
Find out how to update your email address
What if the reviewer finds an error?
This depends on what type of error they find. In some cases, the error changes the original decision. We’ll send you a new decision to let you know about this change.
If the reviewer finds that we didn’t help you get all the evidence you needed for your claim, this is called a “duty-to-assist error.” To fix this error, we’ll close the review and open a new claim to gather the missing evidence. We’ll also send you a letter to tell you the steps we’ll take to fix the error. Then we’ll help you get the missing evidence, and decide your case based on this new evidence.
What if I need help?
A Veterans Service Organization or VA-accredited attorney or agent can help you request a decision review.
Get help requesting a decision review
What if I have more questions?
Get answers to frequently asked questions about decision reviews.
Go to FAQs about decision reviews
What if I get a Higher-Level Review decision that I don’t agree with?
You can then file for a Board Appeal, which means your case gets reviewed by a Veterans Law Judge. You also have the option to file a Supplemental Claim if you have additional evidence you want to submit for review.
