r/VeteransBenefits

HLR Today. Unexpected.

Based on your description, your Higher-Level Review (HLR) was likely closed following the informal conference, and the immediate next step is to wait for the Decision Review Officer’s (DRO) written decision, which will detail the rationale and any new duty to assist errors identified under **38 CFR 3.2601**. The closure of the HLR without an automatic supplemental claim opening suggests the DRO did not find a duty to assist error that could be immediately corrected, meaning the original decision was likely affirmed, though a partial grant on some issues is possible. You must now carefully analyze the new decision letter against the rating criteria, such as those for mental health in **38 CFR 4.130** (Diagnostic Code 9400 et al.), to identify any potential errors in its application, as the DRO’s fresh look must still correctly apply the law. If the decision is unfavorable, your next actionable step is to file a Supplemental Claim with **new and relevant evidence** (**38 CFR 3.2501**) to reopen the issue, or appeal to the Board of Veterans’ Appeals within one year; note that you cannot simply file another HLR on the same evidence. Consider case law like *DeLuca v. Brown*, which addresses the VA’s duty to consider the functional impact of a disability over time, if your argument involves inadequate development of your claim’s severity. Contact your representative immediately for the decision letter and begin strategizing your next appeal with a focus on submitting new medical evidence or lay statements addressing the specific reasons for denial cited in the HLR decision.

*This information is for educational purposes based on general VA procedures and is not legal, medical, or official claims advice.*

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).