What is a “Difference of Opinion” in Your Higher-Level Review?

When you have fought for our country, you shouldn’t have to fight a second battle at home just to receive the disability benefits you earned. Unfortunately, a VA decision is not always the final victory, with the “difference of opinion” being one piece of the larger landscape of VA’s new review process. If your claim was denied or your rating is inadequate, federal law provides three distinct paths for recourse under the Appeals Modernization Act (AMA): Higher-Level Review, Supplemental Claim, and Board Appeal.

At Berry Law, we stand shoulder to shoulder with Veterans nationwide to ensure our nation’s heroes get every benefit they deserve. Understanding these review paths is the first step in your mission to secure your future.

The Appeals Modernization Act: A New Terrain

The Appeals Modernization Act fundamentally changed how Veterans challenge VA decisions. In most cases, you have exactly one year from the date of the VA decision to choose one of the three review options.

Filing within this one-year window is critical to preserve your effective date—the date from which back pay is calculated. Because the appeal clock is ticking, moving with a sense of purpose is vital to your success.

What Is a Higher-Level Review?

A Higher-Level Review (HLR) is a “de novo” review of your claim by a more senior VA adjudicator. This path is ideal if you believe the VA made a clear legal or factual error.

• No New Evidence: You cannot submit new evidence; the reviewer only looks at the record as it existed during the prior decision.
• Informal Conference: You or your VA appeal attorney can request a brief phone call with the adjudicator to point out specific errors in the prior decision.

Understanding the “Difference of Opinion”

During an HLR, a senior reviewer might assert a “difference of opinion.” This occurs when the reviewer disagrees with the previous decision even without a clear error. When this happens, the HLR is often converted into a Supplemental Claim so that new evidence can be gathered to correct the record.

What Is a Supplemental Claim?

If you have discovered new information that could change the outcome of your case, a Supplemental Claim may be the most effective route for review of your claim.

• New Evidence: Information the VA did not previously have in its possession.
• Relevant Evidence: Evidence that tends to prove an issue, such as updated medical records or a new medical opinion.

When you file a Supplemental Claim, the VA has a duty to assist you in obtaining certain federal records before reconsidering your claim.

What Is a Board Appeal?

A Board Appeal moves your case to the Board of Veterans’ Appeals in Washington, D.C., to be reviewed by a Veterans Law Judge.

1. Direct Review: The judge reviews only the evidence already in the record.
2. Evidence Submission: You can submit new evidence within 90 days of filing the appeal.
3. Hearing Option: You testify before a Veterans Law Judge, where your attorney can present oral arguments.

Choosing Your Path to Victory

The primary difference between these options is how they handle evidence. A Higher-Level Review forbids it, a Supplemental Claim requires it, and a Board Appeal allows it depending on the sub-path you select.

Whether you are dealing with PTSD, a TBI, or other service-connected injuries, you shouldn’t go into the battle alone.

Secure Your Benefits Today

The VA appeals process is complex, but you don’t have to navigate it alone. Berry Law was founded by a Vietnam Veteran and is led by an Iraq War Veteran; we understand the culture because we lived it. We have recovered over $500 million in back pay for Veterans and are ready to help you win your next battle.

Contact Berry Law today for a free consultation.