Types of Appeals
When a veteran files a disability benefits claim, they have the right to appeal if they disagree with the decision made by the Department of Veterans Affairs. The VA offers three levels of appeal. You can choose the one you feel is most appropriate for your circumstances.
However, navigating the VA appeals system can be complex and frustrating. Veterans Guide can assist you through every step of the VA appeals process—from understanding the types of appeals available to gathering evidence and building the most accurate and complete claim. Our dedicated team of veteran advocates and attorneys can help you seek the full benefits you have earned for your service.
Understanding VA Appeals
A VA appeal is often necessary when an initial claim is wrongfully denied or the rating issued is lower than expected. This could occur due to common filing issues such as inaccurate or incomplete information, insufficient medical evidence, or mistakes in the VA’s decision-making process.
Depending on the type of appeal, veterans can dispute the VA’s initial decision by submitting additional evidence or requesting a more experienced case reviewer or a judge to re-examine the claim.
A successful appeal could raise your monthly disability compensation, enhance your access to health care benefits, and result in backpay for the benefits you were previously wrongfully denied.
Types of VA Appeals Explained
Veterans used to have only one option for appealing a VA disability benefits decision. To initiate an appeal, the VA required veterans to submit a Notice of Disagreement, or NOD, which was an offi cial statement informing the VA that they disagreed with the outcome of their disability claim and intended to seek further review.
Fortunately, the Veteran Appeals Improvement and Modernization Act of 2017 has streamlined the VA appeals process. Veterans who have received a case decision on or after February 19, 2019, have three main appeal options: Supplemental Claim, Higher-Level Review, and a Board of Veterans’ Appeals, or BVA appeal.
Under the new system, you only need to file a Notice of Disagreement using VA Form 10182 if you choose to appeal to the Board of Veterans’ Appeals.
Veterans can now choose the appeal path that best suits their circumstances. However, it’s important to understand the distinctions to make the best choice for your disability claim.
Supplemental Claim
Veterans with new and relevant evidence to support their claim should consider filing a Supplemental Claim to have their original claim re-examined. The key requirement is to provide the VA with additional supporting evidence not previously included in your initial claim. This may include updated medical records highlighting the severity of your condition and the service connection, as well as additional witness statements from fellow service members or family members explaining how your condition impacts your daily life.
This appeal option is also suitable for veterans requesting a claims reassessment due to changes in the law. For instance, the recently enacted Promise to Address Comprehensive Toxins Act, or PACT Act, expanded access to VA disability benefits and services for veterans exposed during service to toxic chemicals and materials, such as burn pits and Agent Orange. In particular, the law added numerous conditions to those considered to have a presumptive connection to military service. Thus, many veterans who filed claims before the law’s effective date may now qualify for benefits without proving their condition’s service connection.
To pursue a Supplemental claim, veterans must submit VA Form 20-0995 and additional supporting evidence by mail or in person at a regional VA office. Currently, online submissions are only available for disability claims.
While there is no time limit to file a Supplemental Claim, the VA recommends that you do so within one year of the date of your initial decision letter. This preserves the effective date of your original claim, allowing you to receive backpay or retroactive awards if your appeal is successful .
Higher-Level Review
If you believe the VA erred in its original decision but lack additional relevant evidence to strengthen your case, you can request a Higher-Level Review.
You cannot submit new evidence in this process. Instead, a different claims reviewer will re-examine your claim and the supporting documents you previously submitted to identify any potential errors or overlooked details. The review conducts a so-called de novo review, meaning they take a fresh look at everything, assessing your original claim from the beginning without considering the previous decision.
With this option, you can request an informal conference. This call allows you to speak with the reviewer, discuss any errors made, and explain why you think your case warrants a more favorable decision.
To pursue this option, submit VA Form 20-0996 by mail or in person at a VA regional office. Online submissions are currently only available for disability compensation claims.
Veterans have one year from receipt of the initial decision letter to request a Higher-Level Review.
Board of Veterans’ Appeals, or BVA, Appeal
A BVA appeal is the most formal process of all the review options and generally takes the longest to resolve. Thus, veterans often pursue a BVA appeal only after exhausting the other options.
The BVA provides an independent review of decisions made by regional VA offices. A designated Veterans Law Judge, or VLJ, will decide your BVA appeal.
In a BVA appeal, veterans can choose from three review lanes, known as appeal dockets:
- Direct review: No new evidence or hearing is required, and the judge reviews the claim as it stands.
- Evidence submission: New evidence is submitted, but no hearing is held.
- Hearing option: You can request a hearing before a judge and may also submit new evidence.
Veterans have one year from the decision date on their initial claim, Supplemental Claim, or Higher-Level Review, to request a BVA Appeal .
Court of Appeals for Veterans Claims, or CAVC
If you receive an unfavorable outcome after your BVA appeal, you can take your case a step further by appealing to the U.S. Court of Appeals for Veterans Claims, or CAVC. This independent federal court focuses solely on reviewing final decisions made by the BVA.
Due to the legal complexity involved, hiring an attorney is strongly recommended at this stage. An experienced attorney can help build a compelling legal argument, submit proper documents, and represent you effectively in court.
To appeal to the CAVC, you must file a Notice of Appeal no later than 120 days after receiving the BVA’s final decision notice.
How To Choose the Right Appeal Option
When selecting a VA appeal path, veterans should consider several key factors.
Evidence Availability
Choosing the most suitable appeal option often depends on whether you have additional evidence to bolster your claim. If you have new and relevant evidence that the VA did not previously review, a Supplemental Claim may be the most effective option.
Alternatively, if you have no additional evidence but firmly believe there was an error in the VA’s decision, pursuing a Higher-Level Review allows for a second look without the need to submit more proof.
Time Frames
Since the processing times for each appeal option can vary significantly, consider relatively straightforward appeal options first for a quicker resolution.
The VA estimates that it takes about four to five months to resolve Supplemental Claims and Higher-Level Reviews, making them significantly faster than Board Appeals, which can take several years. Within the BVA process, a Direct Review is typically the fastest lane.
Complexity and Legal Familiarity
Veterans unfamiliar or uncomfortable with lengthy legal procedures should consider more direct VA appeal options before considering options that require hearings. For more complex cases, it is highly beneficial to work with an experienced attorney to determine the best option for your specific situation and make sure that all your submissions are accurate and comprehensive.
Timeline for Each Type of Appeal
The VA has provided the following estimated processing times for each type of appeal:
- Supplemental Claims: About four to five months
- Higher-Level Reviews: About four to five months, which may be extended if you request an informal conference with a senior reviewer
- BVA Appeals: Typically ranges between one and two years, depending on the type of review lane chosen—it could take significantly longer if you request a VLJ to review your claim
Common Challenges in VA Appeals
Appeals may be denied not just due to the lack of merit, but also because of incomplete paperwork, application errors, insufficient evidence, or a misunderstanding of VA procedures.
When going through the complex appeals process alone, veterans may face difficulties with:
- Gathering sufficient medical and service-related evidence
- Understanding legal jargon and procedural rules
- Meeting strict deadlines
- Navigating an overwhelming and bureaucratic process
How Veterans Guide Can Help With VA Appeals
Veterans Guide’s mission is to help veterans apply for VA benefits, increase their VA disability ratings, successfully appeal denied claims, and obtain the full benefits they have rightfully earned through their service.
We offer straightforward and reliable information to guide you through every step of the VA appeals process. Our team can connect you with an experienced VA disability attorney who can assist you with an appeal and advocate for you throughout the process.
Frequently Asked Questions About VA Appeals
Below are answers to frequently asked questions about VA appeals.
What Happens if I Miss the Deadline To File an Appeal?
If you miss the one-year deadline to request a Higher-Level Review or a BVA appeal, your only option is to file a Supplemental Claim.
Can I File Multiple Types of Appeals at Once?
You cannot file multiple types of VA appeals for the same decision simultaneously. The VA requires veterans to pursue one appeal option at a time. However, you can withdraw one appeal and request another option if your situation changes.
Do I Need a Lawyer To File a VA Appeal?
You are not required to hire a lawyer to file a VA appeal. However, working with an experienced VA-accredited attorney can significantly improve your chances of successfully claiming all the benefits you rightfully deserve.
How Long Does It Take To Win an Appeal?
The time to win a VA appeal varies depending on the type of appeal. Supplemental Claims and Higher-Level Reviews are estimated to be resolved within a year. Meanwhile, BVA appeals often take several years to resolve, depending on the complexity of the case.
What Evidence Is Best To Support an Appeal?
Useful forms of evidence to gather to support a VA appeal generally include military service records, updated medical reports, and witness statements from fellow service members or family members. Any evidence that helps to show that your condition is service-connected and illustrates the severity and impact of your disability can strengthen your case for a higher disability rating or claim approval.
Understanding Your VA Appeal Options
Each type of VA appeal has different requirements and strict deadlines that veterans must meet. Selecting the most appropriate option to pursue and filing a timely appeal is crucial to avoid unnecessary delays and reduce the risk of having to restart the entire claims process. The sooner you begin, the better your chances of successfully securing the full benefits you deserve.
Veterans Guide is committed to simplifying the VA appeals process. We help cut through the red tape by providing clear and reliable information and offering one-on-one assistance to help every veteran receive the full support and recognition they deserve.
Contact us today for personalized help with your VA appeal.
Client Reviews
ANN WILLIAMS SHELLY DONNETT'E Want to Increase Your VA Rating?
