Key takeaways
- Missing evidence? Supplemental Claim. VA error on the existing evidence? Higher-Level Review. Want a judge? Board appeal.
- Acting within one year of the decision generally protects your effective date.
- You can switch lanes after a decision, again within the deadlines.
Start with why you were denied
Your decision letter lists the reasons for the denial and any favorable findings, which are facts VA already accepted, like a current diagnosis or an in-service event. Favorable findings bind later VA reviewers unless there's clear evidence against them. The reason for the denial points to the lane.
Option 1: Higher-Level Review (VA Form 20-0996)
- What it is: A more senior adjudicator reviews the same evidence de novo (from scratch).
- New evidence: Not allowed.
- Informal conference: You or your representative can request a phone call with the reviewer to point out specific errors.
- Best for: Clear mistakes, such as ignoring favorable evidence, misapplying rating criteria, or a wrong effective date. If the reviewer finds a "duty to assist" error, such as an inadequate exam, VA must fix it and issue a new decision.
Option 2: Supplemental Claim (VA Form 20-0995)
- What it is: A new review with new and relevant evidence: information VA didn't have before that tends to prove or disprove a disputed point.
- Best for: Denials for lack of a nexus opinion, diagnosis, or records. A focused medical opinion (a nexus letter) that addresses the exact reason for denial is often the key.
- Duty to assist: VA must help gather the evidence you identify.
- Timing: You can file a Supplemental Claim any time, but filing within one year of the decision preserves the original effective date.
Option 3: Board Appeal (VA Form 10182)
A Veterans Law Judge at the Board of Veterans' Appeals decides your case. You pick one of three dockets:
| Docket | What happens |
|---|---|
| Direct review | The judge reviews the existing record. No new evidence, no hearing. |
| Evidence submission | You can submit new evidence with the form or within 90 days. |
| Hearing | You testify before a judge (virtually or in person) and can submit evidence within 90 days after the hearing. |
Board appeals generally take longer than the other lanes, but the Board can decide legal issues and credibility in ways a regional office review may not. Board appeals generally must be filed within one year (60 days for contested claims).
We'll read your decision letter and recommend a strategy at no cost.
A simple way to choose
| If the denial says… | Consider… |
|---|---|
| "No evidence linking your condition to service" | Supplemental Claim with a medical opinion |
| "No current diagnosis" | Supplemental Claim with diagnosis records |
| VA overlooked evidence that was already in your file | Higher-Level Review |
| Wrong rating criteria or effective date applied | Higher-Level Review, or Board for complex legal issues |
| Your credibility or a legal question is central | Board appeal (hearing docket) |
After the review
If the result is still unfavorable, you can usually choose another lane. You can't have the same issue in two lanes at once. Board decisions can be appealed to the U.S. Court of Appeals for Veterans Claims within 120 days.
What representation costs
Because decision reviews come after VA's initial decision, accredited representatives may charge for them under a fee agreement filed with VA. Ours is 20% of past-due benefits, and you only pay if we win. See fees.
Sources
VA: Choosing a decision review option · VA: Higher-Level Review · VA: Supplemental Claims · VA: Board appeals
This article is general information, not legal advice. VA and SSA rules change; verify current rules with VA.gov or SSA.gov or talk to an accredited representative.