How to respond to a VA claim denial — Supplemental Claim, Higher-Level Review or Board Appeal within one year, what each lane allows, and the Court after the Board
A VA decision letter is not the end. Within one year of the date on the letter you can choose one of three decision review options. A Supplemental Claim (VA Form 20-0995) is for new and relevant evidence — information VA has not considered that proves or disproves something in the claim — or a review under a change in law such as the PACT Act, and VA will help gather the evidence you identify. A Higher-Level Review (VA Form 20-0996) asks a senior reviewer to look for an error or a difference of opinion on the existing record; no new evidence is allowed, and you cannot request one after a prior Higher-Level Review or Board Appeal on the same issue. A Board Appeal (VA Form 10182) puts the case before a Veterans Law Judge by direct review, evidence submission (new evidence within 90 days) or a hearing. As long as each request is filed within a year of the last decision, the original effective date is protected, and you may move between lanes. If the Board denies, you have 120 days to appeal to the Court of Appeals for Veterans Claims.
What you'll need
- The decision letter, with its date and the reasons for each denial
- VA Form 20-0995 (Supplemental Claim), VA Form 20-0996 (Higher-Level Review) or VA Form 10182 (Board Appeal)
- For a Supplemental Claim: the new evidence, or the names of the facilities that hold it
- Your claims file (request it from VA if you do not have it)
- A free accredited representative (CVSO or VSO); an accredited attorney or claims agent may charge a fee only for work after the initial decision
Step-by-step
Step 1: Read the decision and the clock
The letter lists each issue, whether it was granted or denied, the evidence considered and the reason — most often no current diagnosis, no in-service event, or no link between them; for rating decisions, which criteria were and were not met. The one-year period for every review option runs from the date on the letter. If the letter says VA could not get an exam or records, that tells you what the next step must supply.
Step 2: Supplemental Claim — new and relevant evidence or a change in law
File VA Form 20-0995 when you have evidence VA has not seen that bears on the denied issue — a nexus opinion, treatment records, a diagnosis, lay statements, service records — or when a law or regulation has changed (for example a new presumptive condition). You can also name the VA or private facility that holds records and VA will request them; VA's duty to assist applies in this lane. A Supplemental Claim can be filed any time, but only one filed within a year of the prior decision keeps the original effective date. Do not use it for a condition that has simply gotten worse; file a claim for an increase instead.
Reference: https://www.va.gov/decision-reviews/supplemental-claim/
Step 3: Higher-Level Review — the same record, a senior reviewer
File VA Form 20-0996 within a year when you believe VA got the law or the facts wrong on the evidence it already had. No new evidence is accepted. You may ask for an informal conference by phone to point the reviewer to the error. A Higher-Level Review cannot follow another Higher-Level Review or a Board Appeal on the same issue, and it is not available for contested claims. Online filing currently covers disability compensation; other benefits use mail or in-person filing.
Reference: https://www.va.gov/decision-reviews/higher-level-review/
Step 4: Board Appeal — a Veterans Law Judge
File VA Form 10182 within a year of an initial decision, Supplemental Claim or Higher-Level Review decision (60 days for a contested claim) and pick one docket: Direct Review (no new evidence, no hearing; the Board's goal is a decision within 365 days), Evidence Submission (new evidence with the form or within 90 days; goal 550 days), or Hearing (virtual, video or in person; evidence at the hearing or within 90 days after). You cannot file two Board Appeals in a row on the same issue. After a Board denial you can file a Supplemental Claim with new evidence within a year, or appeal to the Court.
Reference: https://www.va.gov/decision-reviews/board-appeal/
Step 5: After the Board — the Court of Appeals for Veterans Claims
A Notice of Appeal must reach the Court within 120 days of the date the Board mailed its decision (38 U.S.C. 7266). The Court reviews for legal error on the record; most appellants are represented, and the Veterans Consortium Pro Bono Program and law school clinics provide free counsel to eligible veterans. A further appeal on questions of law goes to the Federal Circuit. Representation at the Court is where a paid attorney most commonly enters, though accredited attorneys may also represent you, for a fee, in Supplemental Claims, Higher-Level Reviews and Board Appeals.
Critical tips
- Choosing a lane is not permanent: a denial in one lane can be followed by another lane within a year, with the effective date preserved (38 CFR 3.2500 calls this continuous pursuit).
- Request your claims file early so you know what evidence VA already has; a county veterans service officer can obtain it and file the review for free: warriorsfund.org/find-cvso.
- If the denial was for a missed exam, a Supplemental Claim with a request to reschedule is usually the quickest fix.
- Decisions dated before February 19, 2019 use the legacy appeal process; VA's site explains how to opt in to the current system.
- In crisis: dial 988 then press 1, or text 838255.