Veterans Disability Lawyer
VA Disability Appeals & Decision Reviews
When VA Says No. Know Your Options.
Receiving a denial or unfavorable VA disability decision can leave you wondering what went wrong and what to do next.
Under the modern VA decision review system, Veterans generally have three primary options: a Supplemental Claim, Higher-Level Review, or Board Appeal. Each works differently and the appropriate path depends on the decision, evidence, and issue involved.
RLGVA reviews the decision and record to help identify the legal and evidentiary issues that may need to be addressed.
Choosing the Right Path
New & Relevant Evidence
A Supplemental Claim allows you to submit or identify new and relevant evidence that VA did not previously consider. This may include medical evidence, service records, medical opinions, or other supporting evidence.
For most benefits, VA recommends filing within one year of the decision when possible if you want to preserve the effective-date protections associated with continuous pursuit.
Review of the Existing Record
A Higher-Level Review asks a more senior VA reviewer to reconsider the prior decision based on the evidence already in the record. You generally cannot submit new evidence with a Higher-Level Review.
This option may be appropriate when you believe VA made an error in applying the law or evaluating the evidence already available.
Review by a Veterans Law Judge
A Board Appeal asks a Veterans Law Judge at the Board of Veterans’ Appeals to review the case. VA provides three Board options: Direct Review, Evidence Submission, and Hearing.
The evidence and hearing rules depend on the option selected.
What can be Appealed?
- A claimed condition was denied as not service connected.
- VA assigned a rating that does not reflect the severity of the condition.
- VA assigned an effective date you believe is incorrect.
- VA failed to consider relevant medical, military, or lay evidence.
- VA relied on an inadequate examination or medical opinion.
- A secondary condition was denied despite evidence connecting it to a service-connected disability.
- A TDIU claim was denied or the effective date was disputed.
Evidence can make the Difference
Review the VA Decision
Identify the Problem
Gather Relevant Evidence
Review & Track Appeals
Focused Advocacy from start to review
A Board decision may not necessarily be the final step in every case.
Depending on the circumstances, a Veteran may be able to file a Supplemental Claim with new and relevant evidence or appeal the Board’s decision to the U.S. Court of Appeals for Veterans Claims. VA states that a Court appeal generally must be filed within 120 days from the date of the Board decision.
Because court appeals involve different procedures and deadlines, Veterans considering this step should review the Board decision promptly.