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Veteran Q&A

How do I appeal a VA disability decision?

Three appeal paths under the Appeals Modernization Act: Higher-Level Review (Form 20-0996), Supplemental Claim (Form 20-0995), or Board Appeal (Form 10182).

If VA denies or under-rates your claim, you have three appeal paths under the Appeals Modernization Act (AMA). Higher-Level Review (a senior reviewer takes a fresh look), Supplemental Claim (you submit new evidence), or Board Appeal (direct to the Board of Veterans Appeals). You generally have 1 year from the decision date to file. CVSOs file appeals for free.

Detail

  • Higher-Level Review (Form 20-0996): same evidence, fresh senior reviewer. ~5 months. Cannot include new evidence.
  • Supplemental Claim (Form 20-0995): you must include "new and relevant" evidence (e.g., a nexus letter, newer medical records). ~6 months.
  • Board Appeal (Form 10182): direct to the Board of Veterans Appeals (BVA). Three docket choices: Direct Review (fastest, ~9 months), Evidence Submission (90-day window), Hearing (slowest, 2-4 years).
  • Cumulative: you can do them in series — Supplemental Claim → Higher-Level Review → Board Appeal — preserving your effective date.
  • CAVC (Court of Appeals for Veterans Claims): if BVA denies, appeal to a federal court. Hire a VA-accredited attorney for CAVC.
  • Free help: VSOs and CVSOs handle appeals for free (no contingency fee). Paid attorneys may charge up to 20% of back-pay (capped by VA), but only on appeals — not initial claims.
In crisis? Call 988 and press 1 for the Veterans Crisis Line — 24/7 confidential, federally-operated. Text 838255. Chat at veteranscrisisline.net.

Related pages

Form 20-0996 — Higher-Level ReviewForm 20-0995 — Supplemental ClaimForm 10182 — Board AppealAMA — Appeals Modernization ActCAVC — Court of Appeals for Veterans ClaimsFind a free CVSO

Other veteran questions

How do I file a VA disability claim?File VA Form 21-526EZ — Application for Disability Compensation.How long does a VA disability claim take?4-6 months on average for an initial decision; longer for complex or appealed claims.What is a DD-214?A DD-214 is the federal Certificate of Release or Discharge from Active Duty issued to every U.S. servicemember leaving active service.What is TDIU (Total Disability Individual Unemployability)?TDIU is a VA designation that pays at the 100% disability rate when service-connected disabilities prevent you from holding "substantially gainful employment," even if your combined rating is below 100%.Are VA disability payments taxed?No. VA disability compensation is fully tax-free under federal law (38 USC §5301).Is asthma a PACT Act presumptive condition?Yes. Asthma diagnosed after service is a PACT Act burn-pit presumptive for post-9/11 veterans who served in qualifying locations.

About these answers

These plain-English answers are maintained by Wounded Warriors (Texas 501(c)(3), EIN 86-1336741). We cite VA's official sources where applicable. Always verify the most current rules at va.gov. Free, machine-queryable under CC-BY 4.0.