Your service earned you the right to a second look. If the U.S. Department of Veterans Affairs (VA) denied your disability claim or rated it lower than you expected, you can challenge the decision three ways: a Supplemental Claim, a Higher-Level Review, or a Board Appeal. For most claims, you have one year from the date on your decision letter to ask.
These three options come from the Appeals Modernization Act (AMA), the law behind VA's current review system. Per VA's decision review FAQs, they apply to VA decisions dated on or after February 19, 2019.
Why was my VA disability claim denied or rated too low?
Your decision letter explains what VA thinks is missing.
Denials often come down to a few gaps:
- No link to service. VA didn't see evidence that your condition started in, or was caused by, your military service. VA calls this link "service connection."
- No current diagnosis. Your records didn't show a doctor diagnosing the condition.
- Missing records. VA never got some records, often from private doctors.
VA rates each condition by how severe it is, from 0% to 100%. Much of that evidence comes from your compensation and pension (C&P) exam, which VA orders for your claim. If your exam fell on a good day, your rating may reflect that. Our tips for the VA C&P exam cover how to describe symptoms that come and go.
Also look for favorable findings in your letter. These are facts VA already accepts, like your diagnosis. You don't need to prove them again.
How long do I have to challenge a VA decision?
For most claims, you have one year to request a Higher-Level Review or a Board Appeal. The clock starts on the date printed on your decision letter, not the day the letter arrived.
A Supplemental Claim has no hard cutoff. Filing within one year still matters, because it protects your effective date, the date your benefits begin.
If you file each new review within a year of the last decision, you can usually keep your original effective date. Our guide to the VA disability appeal timeline walks through how each option moves.
What are the three VA decision review options?
Each option fits a different problem. VA lets you file most of them online or by mail.
Supplemental Claim (VA Form 20-0995)
Choose this when you have new and relevant evidence. "New" means VA didn't have it before. "Relevant" means it could prove or disprove something in your claim. VA can also help you gather records you name on the form.
Higher-Level Review (VA Form 20-0996)
A senior reviewer who wasn't part of the first decision looks at the same evidence to find an error. You can't add new evidence.
You can ask for an informal conference. That's a phone call where you or your representative point out the error.
Board Appeal (VA Form 10182)
A Veterans Law Judge at the Board of Veterans' Appeals reviews your case. The form is also called a Notice of Disagreement. You pick one of three paths:
- Direct Review: the judge looks only at the evidence already on file.
- Evidence Submission: you add new evidence.
- Hearing: you speak with the judge.
If you disagree with a Board decision, you can take it to the U.S. Court of Appeals for Veterans Claims (CAVC), a federal court separate from VA. Its official site explains how to file.
Which option fits your situation?
Your situation | Option that often fits |
|---|---|
You have records or a doctor's opinion VA didn't see | Supplemental Claim |
VA had the right evidence but misread it or applied the wrong rule | Higher-Level Review |
You want a judge to weigh your case, or you want a hearing | Board Appeal |
Per VA's FAQs, you can only have one review open at a time for each issue. Different issues from the same letter can go in different directions. For example, you could file a Supplemental Claim for your knee and a Higher-Level Review for your hearing.
What evidence helps a VA decision review?
Match your evidence to the reason in your letter. If VA said there's no link to service, focus on that link. If your rating is low, focus on how severe your symptoms are.
Evidence that often helps:
- Private medical records VA never received.
- A doctor's written opinion that your condition is at least as likely as not connected to your service.
- Records of severity, like how often flare-ups happen, missed work, or treatment changes.
- Statements from people who've seen your symptoms, like a spouse or someone you served with.
A second copy of records VA already reviewed doesn't count as new evidence. Our VA disability appeal letter samples show how to write clear personal and witness statements.
What mistakes should I avoid in a VA decision review?
- Counting from the wrong day. Use the date on the letter, not the day you opened it.
- Picking Higher-Level Review when evidence is missing. The reviewer can't consider new records, so a Supplemental Claim is usually the better fit.
- Resending the same records. Evidence VA already had won't support a Supplemental Claim.
- Filing a review when your condition got worse. If your health changed after the decision, you usually file a new claim for an increased rating instead.
- Going it alone when free help exists. Veterans service organizations (VSOs) have VA-accredited representatives who help at no cost. Use VA's accredited representative search tool on VA.gov to find one near you.
What if more than a year has passed?
The Higher-Level Review and Board Appeal windows close one year after the decision date. A Supplemental Claim is still open to you if you have new and relevant evidence.
Your effective date will usually be based on your new filing date, not the old claim. Our guide on how far back VA disability back pay goes explains how that date works.
If your decision is dated before February 19, 2019, it falls under the older "legacy" appeals system. A VSO representative can help you sort out which rules apply.
What this means for you
- Find the date on your decision letter. Mark one year from that date on your calendar.
- Read the reasons section. Note what VA says is missing and any favorable findings.
- Match the problem to an option. Missing evidence points to a Supplemental Claim. An error in reading the evidence points to a Higher-Level Review.
- Call a VSO. A free accredited representative can review your letter with you by phone or in person.
You'll find more guides for veterans on the Turnout blog at turnout.co/blog.
FAQ
Can I add new evidence to a Higher-Level Review? No. A Higher-Level Review only looks at the evidence VA already had. If you have new records, a Supplemental Claim is usually the better fit.
What counts as new and relevant evidence for a Supplemental Claim? It's evidence VA didn't have before that could prove or disprove a point in your claim. A private doctor's records or a medical opinion often qualifies, but duplicate records don't.
How do I request a Board Appeal? File VA Form 10182 online or by mail, and choose Direct Review, Evidence Submission, or a Hearing.
Is the VA appeal deadline really one year? For most claims, you have one year from the date on your decision letter to request a Higher-Level Review or Board Appeal.
What is the Appeals Modernization Act (AMA)? It's the law that created VA's three decision review options. It covers decisions dated on or after February 19, 2019.
Turnout is not a law firm and does not provide legal representation.
It's your turn
Your VA decision is one piece of the support you may qualify for. Explore other benefits programs to see which federal and state programs may fit your situation. To learn how Turnout works with veterans, visit our veterans benefits page.