A VA claim denied is not the end of the road. You have three review options: a Supplemental Claim if you have new evidence, a Higher-Level Review if you think VA made an error, or a Board Appeal if you want a Veterans Law Judge to decide. For a Higher-Level Review or a Board Appeal, VA says to ask within 1 year of the date on your decision letter.
Key takeaways
- Read your decision letter first. VA must say which element needed to grant the claim was not met.
- Supplemental Claim (VA Form 20-0995) needs new and relevant evidence. VA says there is no deadline to file one.
- Higher-Level Review (VA Form 20-0996) allows no new evidence and must be requested within 1 year.
- Board Appeal (VA Form 10182) goes to a Veterans Law Judge, also with a 1-year deadline, and has three lanes with different evidence rules.
- You cannot pursue two review options on the same issue at the same time.
Why was my VA claim denied?
Start with the decision letter. Under 38 CFR 3.103, a written decision notice has to include a summary of the evidence considered and a summary of the laws that apply. For a denied claim, it also has to identify the element or elements required to grant the claim that were not met. It also has to summarize your review options.
VA says a service-connection claim usually needs three things: a current disability, an event or injury in service, and a link between them. Most denials trace back to one of those. Here is how a missing piece can point you toward an option.
| What the letter says is missing | What may help | Option that often fits |
|---|---|---|
| A current diagnosis | Medical records or a test result that VA has not seen | Supplemental Claim |
| An event in service | Service records or buddy statements that were not in the file | Supplemental Claim |
| A link to service | A doctor's reasoned opinion | Supplemental Claim |
| Evidence was in the file but VA missed or misread it | Pointing to what is already there | Higher-Level Review |
This table is a guide, not a rule. Your own facts decide what fits.
What are the 3 VA decision review options?
VA offers three decision review options for decisions you received on or after February 19, 2019. The table below compares them using what VA publishes. The time figures are VA's stated goals, and real times vary.
| Option | Form | New evidence? | Who decides | Deadline | VA's time goal |
|---|---|---|---|---|---|
| Supplemental Claim | VA Form 20-0995 | Yes, must be new and relevant | VA | No deadline to file | 125 days |
| Higher-Level Review | VA Form 20-0996 | No | A higher-level reviewer | 1 year | Average of 125 days |
| Board Appeal | VA Form 10182 | Depends on the lane | A Veterans Law Judge | 1 year | 365 to 730 days, by lane |
For a Higher-Level Review and a Board Appeal, VA says the 1-year period starts from the date on your decision letter. Contested claims have a shorter window of 60 days.
When does a Supplemental Claim fit?
Choose this when you have or know of new evidence. VA explains that new evidence is information it has not considered before, and relevant evidence is information that proves or disproves something in your claim.
Typical new evidence includes a sleep study, a new diagnosis, a doctor's opinion or a witness statement. Our guides to the VA nexus letter and the buddy statement for a VA claim explain two common types.
VA says there is no deadline for submitting a Supplemental Claim. Timing still matters for your effective date, which we explain below.
When does a Higher-Level Review fit?
This option asks a higher-level reviewer to take a fresh look at the same record. VA says the reviewer decides whether an error or a difference of opinion changes the decision. VA is clear that you cannot submit new evidence with a Higher-Level Review.
You can ask for one optional informal conference, which is a call with the reviewer assigned to your case. VA says it may take longer. This route may suit you when the evidence was already in your file and you think VA applied the rules wrongly or overlooked something. If you realize you need new evidence, a Supplemental Claim is the better fit.
When does a Board Appeal fit?
With a Board Appeal, you are appealing to a Veterans Law Judge at the Board of Veterans' Appeals. VA's Board Appeal page lists three lanes, each with its own evidence rules and target time.
| Lane | What happens | VA's target |
|---|---|---|
| Direct Review | The judge reviews the evidence already in your case. No new evidence and no hearing. | 365 days (1 year) |
| Evidence Submission | You add new evidence with your request or within 90 days of the date VA receives it. | 550 days (1.5 years) |
| Hearing | You meet with the judge. You can add new evidence at the hearing or within 90 days after. | 730 days (2 years) |
The Board is usually the slowest route by VA's own targets. It may fit if you want a judge to decide and you can wait.
How do you pick the right option?
- Find the reason. Read the letter and note which element VA says was not met.
- Check the date. The 1-year clock for a Higher-Level Review or Board Appeal starts from the date on the decision letter.
- Ask if you have new and relevant evidence. If yes, a Supplemental Claim is usually the first option to consider.
- Ask if VA misread what was already there. If you have no new evidence, a Higher-Level Review may fit.
- Decide if you want a judge. If so, choose a Board Appeal and pick a lane based on whether you want to add evidence or have a hearing.
- Do not file two at once for the same issue. To switch, withdraw the first request before VA decides it, then file the new one within the time limit.
- Get help. An accredited Veterans Service Organization representative can help, and VA says their services on your claims are always free.
Does it matter when you file? Your effective date
Yes. Under 38 CFR 3.2500, if you keep pursuing the issue by filing the next review option within one year of each decision, the effective date is generally tied to your original claim or the date you became entitled, whichever is later. That date can affect when your benefits start.
A Supplemental Claim received more than one year after a decision gets the date you became entitled, but not earlier than the date VA received the Supplemental Claim. In plain words, waiting past one year can cost you an earlier start date.
The same rule says you cannot pursue a second option on the same issue while the first is pending. You can withdraw a Supplemental Claim or Higher-Level Review before VA decides it, then file a new request in time.
What if the Board denies your appeal?
The rule lists what you can do next: file a Supplemental Claim with new and relevant evidence, or appeal to the Court of Appeals for Veterans Claims. Check your Board decision for the instructions and deadlines that apply to you.
Frequently asked questions
How long do I have to challenge a VA denial?
VA says you must request a Higher-Level Review or Board Appeal within 1 year of the date on your decision letter. A Supplemental Claim has no deadline, but filing within the year helps protect your effective date.
Can I add new evidence to a Higher-Level Review?
No. VA says you cannot submit new evidence with a Higher-Level Review. If you have new evidence, use a Supplemental Claim or a Board Appeal lane that allows it.
Can I file a Supplemental Claim and a Board Appeal at the same time?
Not for the same issue. VA's rule says you cannot pursue a second review option on the same issue while the first is pending. You can withdraw one and file the other within the time limit.
Can I file again after a Board decision?
Yes. After a Board decision, the rule lets you file a Supplemental Claim or appeal to the Court of Appeals for Veterans Claims.
Do I need a lawyer to challenge a denial?
Many veterans use free help from an accredited VSO representative. VA says VSO representatives' services on your claims are always free, while accredited attorneys and claims agents can charge, so ask about terms first.
Start the free VA claim questionnaire
A denial letter can be hard to read when you are already frustrated. If you would like help understanding what was missing and what evidence to gather next, see how SustainBL's VA claims support works, then Start the free VA claim questionnaire.
This article is general information, not legal, medical or financial advice. SustainBL is not a law firm and does not guarantee any VA decision.
