What Is the Difference Between the Higher-Level Review Lane and the Supplemental Claim Lane?
CCK Law: Our Vital Role in Veterans Law
The VA disability compensation claims process can be disheartening to work through, particularly if your claim is denied. Veterans can have their case re-examined by filing an appeal or requesting a review by VA. Two of the main review pathways that veterans can choose from are the Higher-Level Review Lane (HLR) and the Supplemental Claim Lane.
The difference between a Higher-Level Review and a Supplemental Claim is that a Higher-Level Review re-examines the same evidence by a senior reviewer, while a Supplemental Claim allows veterans to submit new and relevant evidence.
What Are Your Options for AMA VA Disability Appeals?
To get a clear picture of how the Board of Veterans’ Appeals handles cases, it’s important to first understand the structure of the Appeals Modernization Act (AMA). This system was rolled out by VA in February 2019 and introduced a revamped approach to handling reviews and appeals. Under the AMA framework, veterans can request review of VA’s decision through one of three appeal options (also called review lanes) rather than appealing directly to the Board:
- Supplemental Claim Lane – Veterans choosing this route can submit additional evidence that is both new and relevant to their case.
- Higher-Level Review Lane – This option involves a senior VA reviewer re-examining the existing record. No fresh evidence can be added during this process.
- Notice of Disagreement Lane – This lane lets veterans take their appeal directly to the Board of Veterans’ Appeals for further review.
While the Notice of Disagreement Lane can be valuable for many veterans, this article will focus primarily on the Supplemental Claim and Higher-Level Review Lanes.
What Is the VA Higher-Level Review Lane?
The VA Higher-Level Review Lane (HLR) is a method to appeal VA’s decision regarding your disability compensation claim. It is filed using VA Form 20-0996.
Rather than sending your appeal to the same-level employee who denied your initial claim, HLR lets you submit it to a Higher-Level Review VA official. This option puts your appeal in front of a fresh set of eyes who may be more experienced in handling VA claims and appeals.
This reviewer may or may not be located in a different office than the adjudicator who issued the prior decision, but they will not have participated in making that decision regarding your case (38 C.F.R. § 3.2601). They will then evaluate your claim de novo (i.e., new look) and issue another VA decision based on the same evidence of record on which the prior decision was made. This means that veterans are not allowed to submit new evidence in the Higher-Level Review Lane.
After they review your case, the HLR specialist will make one of a few possible decisions. They may:
- Grant your claim: The most favorable outcome, this is when the specialist determines that your claim is valid and the prior VA employee rated you incorrectly.
- Agree with the original adjudicator: The senior specialist may also determine that your prior adjudicator was correct in their decision, essentially rejecting your claim.
- Send your claim back to the previous office: If a clear mistake was made at some point during the process, the senior specialist may also send your claim back to the prior office and order them to process the claim a second time.
Notably, it is also possible for an HLR specialist to reduce your rating or otherwise deny a claim that you have already won. However, this is very unlikely to occur, since they must determine that a clear error was made during the original rating process to issue such a ruling.
What Is the VA Supplemental Claim Lane?
As opposed to the Higher-Level Review Lane, the Supplemental Claim Lane requires you to work with a similar-level VA employee that you did for your initial claim. However, the benefit of this lane is that it allows for the submission of evidence that is both new and relevant to your case, which will obligate VA to re-evaluate it.
To file a Supplemental Claim, veterans must either submit this new, relevant evidence or notify VA of its existence using VA Form 20-0995. Once the claim is underway, they can continue to add supporting evidence until the VA issues a decision letter on the case.
When it comes to these claims, “new” evidence is defined as evidence that was not present when VA initially reviewed your claim. “Relevant” means that the evidence has the potential to prove or disprove an issue related to your claim.
Some examples of evidence that meets these criteria include:
- Service Medical Records (SMRs)
- Private Medical Records or Diagnoses
- Medical Nexus Opinions
- Lay Evidence
Important to note is that the Supplemental Claim Lane is the only appeal option where VA has a duty to assist veterans in gathering evidence to support their case. In contrast, VA does not carry this duty to assist when a claim is under Higher-Level Review or being reviewed by the Board of Veterans’ Appeals.
Which Review Lane Is Best for Your VA Appeal?
If you are uncertain whether to request a Higher-Level Review or a Supplemental Claim, know that the best option to take will depend on your specific circumstances.
For instance, if your case is complex or multifaceted, you may feel that a more experienced government employee would be better suited to handle it. Therefore, your best option would be the Higher-Level Review Lane.
On the other hand, your claim may have previously been denied due to a lack of evidence. Under these circumstances, if you have since acquired new evidence that greatly bolsters your case, it would likely be wise to instead pursue the Supplemental Claim Lane.
| Feature: | Higher-Level Review: | Supplemental Claim: |
| Evidence Allowed? | No new evidence | New and relevant evidence only |
| Reviewer Type | Senior reviewer | Similar-level adjudicator |
| Duty to Assist | Not applicable | Yes |
| Typical Use | Review for clear error | Add new supporting evidence |
| Form | VA Form 20-0996 | VA Form 20-0995 |
FAQ: Higher-Level Review Lane Versus Supplemental Claim Lane
Here are questions that CCK Law attorneys frequently hear from clients, veterans, and fellow advocates.
“Can I Submit New Evidence during Higher-Level Review?”
No. Under 38 C.F.R. § 3.2601(f), veterans cannot submit new evidence in a Higher-Level Review (HLR). The senior VA reviewer re-examines the existing record and determines whether the prior decision contained a clear error based on the evidence already of record. If the reviewer finds that VA failed its duty to assist, the claim will be returned for correction and re-adjudication.
“How Long Does a Higher-Level Review take?”
VA’s stated goal is to complete most Higher-Level Reviews within approximately 125 days (about four months), though actual processing times can vary depending on the complexity of the claim and VA workload. CCK Law has observed that review turnaround is generally going down. Veterans can check current average timelines on VA.gov or through their VA.gov claim status portal.
“What Counts as ‘New and Relevant’ Evidence?”
“New and relevant” evidence is defined in 38 C.F.R. § 3.2501(a) as information that was not previously part of the record and that tends to prove or disprove a matter at issue in the claim. Examples include updated private or service medical records, medical nexus opinions, lay statements describing symptom changes, or newly discovered service documents. It is not always clear from VA guidance what the most relevant interest will be. CCK Law’s VA-accredited advocates have extensive experience across thousands of cases, recognizing what new evidence tends to be the most valuable.
“Can I Appeal a Higher-Level Review Decision?”
Yes. After receiving a Higher-Level Review decision, a veteran may either:
- File a Supplemental Claim with new and relevant evidence using VA Form 20-0995, or
- Submit a Notice of Disagreement directly to the Board of Veterans’ Appeals using VA Form 10182.
These options are established under 38 C.F.R. § 3.2500(c), which allows veterans to continuously pursue benefits after any decision.
“Can I Change Lanes If I Choose the Wrong One?”
The answer to this is: Yes, but not immediately. If you file your request in one lane but realize you chose the incorrect one, you must wait until you receive a decision in that lane before you can opt into a different lane.
For example, say you initially chose the Higher-Level Review Lane only to later realize that your case’s issue stemmed from a lack of evidence establishing service connection. You would need to wait until a decision is made on your appeal in the Higher-Level Review Lane before moving your appeal to the Supplemental Claim Lane.
Need Help Filing Your Appeal? Contact CCK Law
VA’s appeals process can be frustrating to navigate, but there’s no reason you must go through it alone. With the help of an experienced, VA-accredited attorney, you can receive guidance that helps ensure the case is ruled in your favor. CCK Law has helped veterans for over 25 years, including tens of thousands of appeals.
If you want professional support while filing your appeal, then consider contacting CCK Law at (800) 544-9144 or reaching out to us online to tell us about your case.
