Decision Reviews and Appeals

If you disagree with a VA decision, you have options. This guide explains each appeal pathway, when to use them, and how to maximize your chances of success.

Important: The One-Year Rule

You must file an appeal within one year of your decision date to preserve your effective date (back pay). Missing this deadline means you lose your original effective date unless there's a Clear and Unmistakable Error (CUE).

Before You Appeal: Read Your Decision Letter

Your decision letter tells you exactly what you need to succeed. Check:

  • Was all evidence you submitted listed under "evidence considered"?
  • What were the favorable findings?
  • What does it say your claim was missing?
  • Did it mention you missed an exam?

Get your decision narrative: View it at VA.gov/track-claims/your-claim-letters or call 1-800-827-1000 (after 10 days).

The Three Appeal Options

Pick ONE Lane

You cannot file multiple appeals for the same issue at the same time. Choose the path that fits your situation.

1. Higher-Level Review (HLR)

Use when: You believe VA made an error based on the existing evidence.

What Happens

A senior Decision Review Officer (DRO) re-examines your claim using only the evidence already on file. No new evidence is considered.

Key Points

  • No new evidence can be submitted
  • Must file within 1 year of your decision
  • Cannot file HLR back-to-back (but can do HLR → Supplemental → HLR)
  • Cannot file HLR after a BVA denial
  • Intent to File does NOT apply to HLRs

Informal Conference

You can request a phone call with the DRO to discuss errors of fact or law. This is NOT a chance to add new evidence—only to point out where existing evidence was overlooked.

Alternative: Submit a personal statement with your HLR explaining the errors (no new evidence).

How to File

2. Supplemental Claim

Use when: You have new and relevant evidence to submit.

What "New and Relevant" Means

  • New: VA didn't previously have/consider it
  • Relevant: Directly addresses the reason for denial

Examples of New and Relevant Evidence

  • New medical records showing treatment or diagnosis
  • New theory of service connection (e.g., claiming secondary instead of direct)
  • Nexus letter/IMO
  • DBQ from your doctor
  • Buddy statements or personal statements
  • Statement of exam willingness (if denied for missing exam)

Key Points

  • Can be filed multiple times with new evidence each time
  • File within 1 year to preserve your effective date
  • Intent to File CAN be used to extend your window

Effective Date Warning for Increases

If you're appealing a low rating (not a denial), the effective date for a supplemental claim increase will typically be the date of the medical evidence showing improvement—NOT your original claim date. If you disagree with a rating but don't have earlier evidence, consider filing an HLR or a new increase claim instead.

How to File

3. Board of Veterans' Appeals (BVA)

Use when: Other options have been exhausted, or you want a Veterans Law Judge to decide.

The Three BVA Lanes

Lane New Evidence? Hearing?
Direct Review No No
Evidence Submission Yes (90 days) No
Hearing Yes (90 days after hearing) Yes

Key Points

  • BVA judges are NOT bound by VA policy—they can make grants raters cannot
  • Much slower than HLR or Supplemental (often years)
  • Must file within 1 year of decision
  • Cannot file BVA back-to-back for the same issue

How to File

Higher Courts

Court of Appeals for Veterans Claims (CAVC)

If the BVA denies your appeal, you can appeal to CAVC within 120 days. These judges can interpret laws and regulations—their decisions create binding case law.

Strongly recommended: Hire a lawyer at this stage. File directly with CAVC (not VA).

U.S. Supreme Court

The final option, if CAVC's decision is unfavorable.

Clear and Unmistakable Error (CUE)

If it's been more than a year since your decision but VA clearly made an error, you may be able to file a CUE claim.

CUE Requirements

  • The error must be undebatable—not a matter of opinion
  • Must be based on evidence available at the time of the original decision
  • Must have clearly changed the outcome
  • Cannot apply current laws/policies to old decisions

CUE is Extremely Difficult

CUE claims are fact-specific and easy to mess up. VA has no duty to assist with CUE claims. Strongly consider hiring an experienced attorney or VSO.

Working with Representatives

Free Help: VSOs

Veterans Service Organizations provide free assistance. Find one at VA's Accreditation Search.

Paid Help: Attorneys and Claims Agents

For complex appeals, you may want professional legal help.

  • Cannot charge more than 33.3% of back pay
  • VA automatically pays up to 20%; you pay the difference
  • They only get paid if you win
  • Use VA Form 21-22a to appoint a representative

Research Previous Cases

See how similar cases were decided:

Official VA Resources

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