What Is the VA Disability Appeal Success Rate?
When the Department of Veterans Affairs denies your VA disability claim or returns a lower-than-expected rating, it can be disheartening. A denial or lower-than-expected rating prevents you from collecting the benefits you need to pay your bills. Fortunately, you have the right to appeal. Many VA disability claims that are initially denied are later approved on appeal.
Many veterans don’t realize there are several options for VA appeals. Each has its own appeal success rate. Veterans Guide can advise you about your chances of success, file a stronger appeal to improve your shot at benefits, and pursue the maximum disability rating available.
What Is the VA Disability Appeal Success Rate?
If you disagree with the VA’s decision in a VA disability claim, you have the right to file an appeal. The VA offers three ways to appeal a decision under the modernized appeals system established under the Appeals Modernization Act, or AMA.
The Board of Veterans Appeals’ 2024 FY report [page 16] provides VA disability appeal approval rates. The success rate for AMA cases was 28 percent. However, legacy appeals, which follow the processes used before 2019, had an approval rate of 19 percent.
While these approval rates hover just around one-third of submissions, they will also vary based on the type of appeal you file. These numbers also only account for claims allowed on appeal. However, many cases are remanded to lower levels for further decisions, some resulting in allowed claims.
Other factors that can increase the likelihood of a successful appeal include the strength of any additional evidence you submit and the clarity of the nexus between your disability and military service.
What Types of Appeals Are Veterans Choosing?
If you disagree with the VA’s initial determination regarding your VA benefits claim, the VA provides three options for an appeal. Opt for the appeals process that aligns best with your situation. According to the VA, you should choose the process as follows:
- File a Supplement Claim if you have relevant and new evidence not yet considered by the VA.
- Request a Higher-Level Review if you don’t have new evidence but believe an error in your case resulted in the denial.
- Ask for a Board Appeal if you want a Veterans Law Judge to review your case, with or without a hearing. You can choose this option with or without new evidence.
With these options in front of you, you’re probably wondering which options veterans are commonly choosing. In FY 2024, 90% of requests were for either a Supplemental Claim or Higher-Level Review. Just 10% of requests were for Board Appeals. [https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/bva2024ar.pdf page 29] Of those, the requests were broken down as follows:
- 45% requested a Direct Board Review, which involves no new evidence and no hearing
- 17% requested an Evidence Submission, which involves new evidence but no hearing
- 38% requested a Board Hearing, which involves new evidence and a hearing
If you intend to appeal your benefits claim denial with the VA, you should carefully choose the best option based on the circumstances of your appeal and your desired timeline.
What Factors Affect the Success of a VA Appeal?
Successfully appealing your VA rating decision involves a combination of choosing the right appeals process and your approach based on your circumstances. Whether you are challenging a denial or seeking a higher rating, several strategies can help you get the results you desire from your appeal:
1. Submit New Medical Evidence
One of the best ways to strengthen your VA appeal is with new medical evidence. This could include new reports from specialists or updated evaluations from your providers that give detailed evidence of the severity of your condition and how it affects things like mobility and sleep.
2. Request a Nexus Letter From a Doctor
When appealing your VA decision, you should submit a strong nexus letter from a doctor. This is a statement that clearly spells out the nature of your disability and outlines how it is connected to your service.
3. Provide Several Lay Statements
Lay statements are written testimonies from people like friends, family members, and coworkers who know you well and can describe how your condition has impacted your daily life. Even if your original claim included some of these, you may wish to consider adding several more statements to your appeal.
4. Detail How Your Disability Impacts Your Employment
If your disability impacts your ability to work, document this with evidence to strengthen your appeal. You can submit vocational expert reports and various employment records to show how your disability limits your ability to perform various tasks or maintain gainful employment.
5. Attend a C&P Exam if Asked
The VA can order a C&P exam at any time if it requires more information about your condition or needs to establish a connection between your service and the claimed condition. If the VA orders this exam during the appeals process, you will need to attend and participate.
6. Seek Qualified Legal Representation
Filing an appeal can be a stressful and lengthy process. If you are considering appealing the VA’s denial of benefits or want to seek a higher rating, partnering with a knowledgeable VA attorney gives you the best shot at a positive result. A skilled VA benefits attorney will understand the appeals process and all applicable deadlines. You can focus on your physical and emotional well-being while your attorney handles the appeals process.
How Long Does a VA Appeal Take?
Once you start the appeals process, you’re probably anxious for a decision. The timeline for VA appeals varies based on the type of appeal you file and how backed up the VA is at the time. These are only estimated timelines after you file a Notice of Disagreement (NOD):
- Supplemental Claim – Takes roughly 4-5 months for a decision
- Higher-Level Review – Takes around 4-5 months for a decision
- Board Appeal – Can take 1-2 years for a hearing and decision from the BVA
Filing a supplemental claim or higher-level review appeal tends to be the fastest route. The only way veterans can expedite their VA appeals is by requesting a priority review, also known as being “Advanced on Docket,” due to facing a serious illness, being 75 or older, dealing with financial distress, or some other sufficient cause. If you’re concerned about your VA disability appeal timeline, it’s a good idea to work with a legal professional who can help you avoid any missteps that could lead to unnecessary delays.
How To Improve Your Chances of Winning a VA Appeal
While the success rates of VA appeals methods vary, there are steps veterans can take to strengthen their chances of a successful outcome. We believe hiring a VA disability lawyer from Veterans Guide to appeal your disability decision is the best option because we:
- Understand the Evidence You Need – Getting a favorable decision is essentially about telling your story to the VA and presenting it with compelling evidence. We know how to do this effectively.
- Know the Benefits You Deserve – We know all of the various VA benefits you are entitled to and vow to use our knowledge of VA programs to help you maximize your access to these benefits.
- Represent You to Conclusion – The VA appeals process involves complex rules, procedures, deadlines, and forms. It is complicated by federal laws, which tend to change constantly. Our lawyers and advocates navigate this process on your behalf so nothing gets overlooked.
It’s natural to feel unsure and anxious about your VA disability rating and benefits. If you’re wondering how to win a VA appeal, the best approach is with professional assistance. Veterans Guide can help gather the information necessary to present a strong case, whether you decide to appeal through a supplemental claim or a board appeal hearing. Contact us today for a free consultation to learn more about how we can help.
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