What this means
HLR allows new argument but not new evidence. Argument explains how law applies to facts that were already established in the closed record; evidence tries to establish a new fact. VA may retain a newly submitted document, but the HLR reviewer must say it was not considered and direct the claimant toward a supplemental claim if the claimant wants VA to evaluate it.
How this may help with a claim
Before submitting an HLR brief or speaking at a conference, test every sentence: does it point to an existing record fact, or does it add a new fact? Use record citations to highlight a misreading or legal mistake. Put genuinely new treatment records, diagnoses, statements, or factual developments into a supplemental claim and watch the one-year window for preserving the best potential date.
What to review in your file
- Identify the exact date on which the evidentiary record closed for each issue under review.
- Cite existing documents when making an argument about VA's factual finding or application of law.
- Route new records, lay facts, diagnoses, or post-decision developments through a supplemental claim instead.
- Check the HLR decision for notice that any submitted post-closure evidence was received but not considered.
Important limits
Labeling a new factual assertion as argument does not make it admissible in HLR, and the distinction can be case-specific. Evidence excluded from HLR is not necessarily weak; it simply requires a lane with an open evidentiary record.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- new evidence in HLR
- argument versus evidence
- closed record
- evidence not considered
- supplemental claim evidence
- HLR brief
Original VA guidance
The official VA text of this section
4. Attempts to Introduce New Evidence
Introduction
This topic contains information on handling attempts to introduce new evidence during the HLR, including
- handling new evidence
- attempts to introduce evidence during an informal conference
- documenting evidence not considered, and
- differentiating between argument and evidence
Change Date
April 14, 2026
5.4.a. Handling New Evidence
If a claimant submits evidence following the closure of the evidentiary record, the reviewer will notify the claimant or representative in the final decision document that VA received the additional evidence but could not consider it. This prohibition of considering new evidence extends even to when that evidence might otherwise warrant a grant of benefits.
Document any evidence received but not considered in the HLR by adding the following statement to the decision Introduction in VBMS-Rating (VBMS-R):
Please note: The evidentiary record closed on the date of notice of our prior decision. VA received additional evidence, which was not part of that decision after the record closed. If you would like VA to consider this evidence, you may submit a supplemental claim at any time; however, VA must receive your application within one year of the date of notice of this decision to preserve your right to receive the maximum possible benefit.
5.4.b. Attempts to Introduce Evidence During an Informal Conference
During an informal conference, a requester or representative may wish to add to the evidentiary record or request review of evidence outside the scope of the HLR. If the requester or representative submits an argument in reference to evidence that was of record at the time of date of the notification of the decision under review, then it can be considered by the reviewer.
However, if the submitted argument is considered lay evidence or introduces new facts, then it cannot be considered as part of the closed evidentiary record of an HLR. If this is the case, inform the requester of the closed evidentiary record.
If the requester or representative insists on submitting the evidence, the higher-level reviewer may accept it but will inform the requester or representative that the reviewer cannot consider it. The requester or representative may submit a supplemental claim after receiving notification of the HLR decision.
5.4.c. Documenting Evidence Not Considered
A claimant/representative may insist that VA retain the new evidence, even after VA has stated it will not consider that evidence in the HLR. VA employees may assist subsequent decisionmakers by indicating that the eFolder contains unconsidered evidence by:
- ensuring the evidence is properly uploaded to the eFolder, and
- editing the subject line of the relevant document(s) using the following format: Evidence not considered in HLR of [date].
Subsequent decisionmakers who consider that evidence should re-edit the subject line: Evidence considered in decision of [date].
Reference: For more information on uploading documents to the eFolder and editing document properties, see the
- VBMS User Guide, and
- M21-1, Part II, Subpart ii, 2.A.1.b
5.4.d. Differentiating Between Argument and Evidence
The higher-level reviewer should remember that argument is not evidence. The closed evidentiary record of an HLR precludes the consideration of new evidence, but it permits the consideration of new argument.
Evidence is every type of proof offered to establish a fact. In an HLR, a claimant or representative may not introduce new facts or new evidence, whether medical or lay. When the claimant or representative attempts to submit new evidence in an HLR, the reviewer must remind the claimant or representative that the record is closed. If the claimant or representative still insists on submitting the evidence, the higher-level reviewer may accept it, but the reviewer will also inform the claimant or representative the reviewer cannot consider it. The claimant or representative may submit a supplemental claim based upon the new evidence after receiving notification of the reviewer's HLR decision.
Argument is the attempt to persuade someone to a particular view or belief using reason and facts. A claimant or representative may properly add, and the reviewer may properly consider, new argument to pinpoint or highlight VA's potential misreading of facts, or its potential misapplication of law to the facts that the evidentiary record has already established.
Reference: For more information on evaluating evidence, see M21-1, Part V, Subpart ii, 1.A.1.d.