What are my options after a VA decision?
After a VA decision there are three review lanes: a Supplemental Claim, a Higher-Level Review, and a Board appeal. They do different jobs, and which fits depends on why the decision came out the way it did.
The one-year rule comes first
Before the lanes themselves, the timing rule matters more than the choice between them.
A Higher-Level Review or a Board appeal must be filed within one year of the date the VA issued notice of the decision. 1 A Supplemental Claim can be filed at any time, but filing one within that year is what preserves the original effective date. 1
Continuously pursuing a claim by filing in succession within one year of each decision keeps the effective date tied to the original claim. 1 Let the year lapse, and a later supplemental claim generally takes the date it was received. That difference is measured in back pay.
Supplemental Claim
For new evidence. A Supplemental Claim requires new and relevant evidence that was not in the record before. 2
This is the lane built for a denial that failed on the evidence: a missing nexus opinion, no current diagnosis on record, or nothing documenting severity. It goes back to the regional office, and the duty to assist applies, so the VA helps develop the evidence.
Filed on VA Form 20-0995.
Higher-Level Review
For a mistake, not new evidence. A Higher-Level Review asks a more senior reviewer to look at the exact same record and determine whether the decision was wrong. 3
No new evidence can be submitted. The reviewer has authority to correct a difference of opinion or a clear error. An informal conference with the reviewer can be requested to point out where the error is.
This lane fits a decision where the evidence supported a better outcome and the rating was applied incorrectly.
Filed on VA Form 20-0996.
Board appeal
For review by a Veterans Law Judge. A Board appeal goes to the Board of Veterans' Appeals in Washington and has three dockets:
- Direct Review, no new evidence, no hearing, the fastest of the three
- Evidence Submission, new evidence allowed within 90 days, no hearing
- Hearing, a hearing before a Veterans Law Judge, with 90 days after to submit evidence, and the longest wait
Filed on VA Form 10182.
Choosing a lane
The lanes map to different problems. Missing evidence points toward a Supplemental Claim. An error on the existing record points toward a Higher-Level Review. A judge's review points to the Board.
You cannot pursue more than one lane for the same issue at the same time. 1 You can, however, change lanes by withdrawing one and filing another within the one-year window. 1
And a decision on one lane can be followed by another. A Higher-Level Review that comes back denied can be followed by a Supplemental Claim or a Board appeal, and the same one-year clock applies from each new decision.
Who can help
An accredited VSO can assist with any of these lanes at no cost. Accredited claims agents and VA-accredited attorneys may charge fees, and generally cannot charge for work on an initial claim before a decision has been issued. Accreditation can be verified through the VA Office of General Counsel.