An HLR informal conference is one call with the higher-level reviewer, requested on VA Form 20-0996 when you file the review, for the sole purpose of identifying errors of law or fact in the prior decision based on the record when it was issued (38 C.F.R. § 3.2601(h)). VA takes no new evidence on the call. Prepare it like a short oral argument: for each issue, the error, the page that shows it, and the result the record supports.
Whether higher-level review is the right lane is a separate question; see choosing between a supplemental claim, higher-level review, and a Board appeal. This guide assumes you have chosen it.
What the regulation provides
38 C.F.R. § 3.2601(h) sets the frame:
- Requested with the review. A claimant or representative may include a request for an informal conference with the request for higher-level review.
- One conference. If requested, VA will make reasonable efforts to contact the claimant or representative to hold one informal conference during the review. If those efforts fail, VA may decide the review without one.
- The decision-maker conducts it. The higher-level adjudicator with determinative authority over the issue conducts the conference, absent exceptional circumstances.
- Sole purpose. To let you identify errors of law or fact in the prior decision, based on the record at the time the decision was issued.
- No new evidence. VA will not receive new evidence or facts not present at the time of the prior decision.
- Costs. Any expenses of the conference are the claimant's.
The surrounding paragraphs shape what an argument can accomplish. The record is limited to the evidence of record when VA issued notice of the prior decision (§ 3.2601(f)). The review is de novo, with no deference to the prior decision (§ 3.2601(i)). The reviewer may grant on a difference of opinion, and findings favorable to the claimant stay binding under § 3.104(c), but the reviewer may also revise on clear and unmistakable error even where that is less favorable (§ 3.2601(j)).
Requesting it on VA Form 20-0996
On the current edition of the form (MAR 2024):
- Check the informal conference box in the optional informal conference section. By checking it, the claimant acknowledges that new evidence cannot be discussed or introduced and that the decision may come faster without a conference.
- Choose who VA contacts and when. The form offers four choices: contact the veteran or claimant, or contact the representative, each in morning or afternoon hours based on time zone.
- Give your contact details. If VA should contact you, the form requires your name and telephone number, with a field for email.
- Have the appointment of record. For VA to speak with you on the claimant's behalf, the form says a valid VA Form 21-22a or 21-22 must be of record or included with the application.
VA's higher-level review page says the online form offers the informal conference option for disability compensation claims only. For other benefit types, use the paper form.
The regulation and the form both put the request in the review request itself. Neither describes a way to add one afterward, so decide before you file.
The written alternative
The form's instructions say that, to avoid potential delays, you may submit a written statement instead of requesting a conference, setting out how VA may have misread the facts or misapplied the law to facts the record already establishes. If the errors are clear on paper and the reviewer would not benefit from questions, the written route avoids the scheduling steps.
How VA schedules it
- Two attempts. VA makes two attempts to contact you or the claimant, whichever the form designates. If it cannot reach anyone after two attempts, the reviewer moves forward and issues a decision.
- By phone, email, or text. VA's higher-level review page says the reviewer may call, email, or text a scheduling link.
- It may take longer. VA says a review with an informal conference may take longer to decide.
Make sure the phone number and email on the form reach someone who can schedule, especially during the morning or afternoon window you selected. A missed contact is one of only two.
What to raise, and what to leave out
The conference is for errors in the decision on the record as it stood. Strong points to raise:
- A misread fact. The decision says the record lacks something the record contains: a diagnosis, an in-service entry, a symptom reported at the exam. Give the document, its date, and the page.
- The wrong legal standard. A rating criterion misapplied, a presumption not considered, or a secondary claim decided on causation alone when § 3.310 also covers aggravation.
- Evidence never weighed. Lay statements or favorable records in the file that the decision does not discuss.
- Duty-to-assist errors. If the reviewer finds a duty-to-assist error that existed at the time of the decision and cannot grant the maximum benefit, the claim must be returned for correction (§ 3.2601(g)). Point to the record that shows it, such as identified records VA never requested. See duty to assist errors.
- Favorable findings. Name the findings already made in the claimant's favor so they are not reargued.
Leave out anything that depends on evidence outside the closed record: a new medical opinion, records obtained after the decision notice, or new facts in the veteran's account. VA will not receive them in the conference, and raising them spends the call on points the reviewer cannot act on. If the claim needs new evidence, that is a supplemental claim.
A one-page outline for the call
Build it per issue, in the same order as the issues listed on the 20-0996.
| For each issue | What to have ready |
|---|---|
| The issue and decision date | As listed on the form |
| What the decision found | Quoted or paraphrased from the decision |
| The error | One sentence: fact, law, or duty to assist |
| Where the record shows it | Document, date, and page, all predating the decision notice |
| The result you are asking for | The rating, effective date, or grant the record supports, or a return for a duty-to-assist error |
| Findings to preserve | Favorable findings under § 3.104(c) |
Lead with the strongest issue. Have the decision letter, rating code sheet, and the cited pages open during the call. If the reviewer asks about something outside the record, say so plainly rather than describing new facts.
Building the page references is the work of the file review; see how to review a VA C-file.
Frequently asked questions
Can I submit new evidence at an HLR informal conference?
No new evidence comes in. Under 38 C.F.R. § 3.2601(h), VA will not receive new evidence or facts not present at the time of the prior decision, and the review record closes on the date VA issued notice of that decision (§ 3.2601(f)).
How many informal conferences do you get in a higher-level review?
One. The regulation provides for one informal conference during a higher-level review, and VA Form 20-0996 says VA will conduct only one for each request.
What happens if VA cannot reach me to schedule the informal conference?
VA makes two attempts to contact the claimant or representative designated on the form. If it cannot reach anyone after two attempts, the reviewer proceeds and issues a decision without the conference.
Can a representative do the informal conference instead of the veteran?
The form lets the claimant choose whether VA contacts the veteran or the representative. For VA to speak with the representative, a valid VA Form 21-22a or 21-22 must be of record or included with the request.
Does requesting an informal conference slow down the HLR?
It can. Both VA Form 20-0996 and VA's higher-level review page say a decision may take longer with an informal conference. The form offers a written statement of the errors as an alternative.
Who conducts the informal conference?
The higher-level adjudicator with determinative authority over the issue, absent exceptional circumstances. That is an experienced adjudicator who did not take part in the prior decision (38 C.F.R. § 3.2601(e) and (h)).
VA forms mentioned in this guide
Written for accredited representatives
This guide is for VA-accredited claims agents, attorneys, and VSO representatives. Commander for Advocates is case management software built around this work: reading the C-file, choosing the lane, and assembling the packet. See how it works →
This guide is educational information about the VA claims system — it is not legal or medical advice, and it does not predict or promise any claim outcome. Regulations and procedures change; always verify current requirements at VA.gov. VA Claim Commander is a self-service documentation tool, not a VSO, law firm, or VA-accredited representative.