What happens after a duty to assist (DTA) error is found during a Higher-Level Review?

When a Higher-Level Review (HLR) reviewer identifies a duty-to-assist error under 38 CFR 3.2601 — for example, missing service treatment records, an outstanding federal record, or a needed exam that was never scheduled — the VA is required to correct that error before finalizing the HLR decision. This does not automatically convert the case into a supplemental claim. The HLR reviewer (or the regional office) is supposed to complete the missing duty-to-assist action (get the record, schedule the exam, etc.) and then issue a new HLR decision based on the corrected record. This process stays within the Higher-Level Review lane.

A supplemental claim (VA Form 20-0995) is a separate lane that becomes relevant when you want to submit new and relevant evidence that was not part of the record VA already considered. HLR, by design, does not allow new evidence — it is a review of the existing file, often by a more senior adjudicator, sometimes with an informal conference. If your goal is to add new evidence (buddy statements, private medical records, new exam findings), a supplemental claim is the correct vehicle, and VA still owes you duty-to-assist help on that claim too, including scheduling exams if needed.

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.

2026 base rates, all ratings (veteran alone)
RatingMonthly (2026, incl. 2.8% COLA)
10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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If you cannot upload evidence through VA.gov, you have alternatives: mail or fax the evidence with the appropriate form (20-0995 for supplemental claims, or a cover letter referencing your claim number), bring it in person to a VA regional office, or have an accredited Veterans Service Officer or attorney submit it electronically through VBMS on your behalf. Given that your current VSO has given inconsistent guidance, it may be worth consulting a different accredited representative, a National Veterans Service Organization VSO, or a VA-accredited attorney/agent who handles both HLRs and supplemental claims regularly, since these two AMA lanes are frequently confused even by people who work with them daily.

As a concrete next step, call the VA at 800-827-1000 or check your claim status on VA.gov to confirm whether the file shows an open DTA correction action or requires you to file VA Form 20-0995, and submit any new evidence by mail, fax, or through a different accredited representative if the website upload continues to fail.

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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).

VetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid