VA Claims Appeals Guide

If you disagree with a VA decision on your disability claim, you have the right to appeal. Since February 2019, the Appeals Modernization Act (AMA) has replaced the old legacy appeals system with a streamlined process that gives veterans three distinct "lanes" for seeking review.

Each lane serves a different purpose. Understanding which lane fits your situation is one of the most important decisions you will make in the appeals process.

A Supplemental Claim is the right choice when you have new and relevant evidence that was not part of the original decision. The claim goes back to the regional office for a fresh review with the new evidence included.

How It Works

• File using VA Form 20-0995 (Decision Review Request: Supplemental Claim)
• You must submit or identify new and relevant evidence — this can be new medical records, a nexus letter, buddy statements, or updated diagnoses
• The regional office reviews the entire file (old evidence plus new evidence)
• The VA's Duty to Assist applies — the VA must help you gather evidence, including ordering new C&P exams if needed

When to Choose This Lane

• You have a new nexus letter or medical opinion
• You obtained new medical records that support your claim
• You received a new diagnosis related to your condition
• You have buddy statements or other evidence that was not previously submitted

Deadline & Timeline

Deadline: You must file within 1 year of the decision date to preserve your effective date. You can file after 1 year, but your effective date will be the date of the new filing, not the original claim.
Average processing time: Approximately 125 days.

A Higher-Level Review asks a more experienced senior reviewer to look at the same evidence that was already in your file. No new evidence is allowed. The reviewer checks for errors — legal errors, factual errors, or misapplications of VA policy.

How It Works

• File using VA Form 20-0996 (Decision Review Request: Higher-Level Review)
• You cannot submit new evidence with this request
• A senior reviewer who was not involved in the original decision reviews the file
• You can request an informal conference — a brief phone call (typically 5–10 minutes) where you or your representative can point out specific errors

When to Choose This Lane

• You believe the VA made a clear error in applying the rating criteria
• Relevant evidence in the file was ignored or misinterpreted
• The decision did not properly consider favorable findings from your C&P exam — an inadequate exam can be grounds for appeal
• You believe there was a Duty to Assist error (the reviewer can identify this and return the claim)

Deadline & Timeline

Deadline: You must file within 1 year of the decision date.
Average processing time: Approximately 125 days.

Appealing to the Board of Veterans' Appeals means your case is reviewed by a Veterans Law Judge in Washington, D.C. This is a more formal process and typically takes longer, but it gives you the most thorough review.

How to File

File using VA Form 10182 (Decision Review Request: Board Appeal — Notice of Disagreement).

Three Dockets

When you file a Board Appeal, you must choose one of three dockets:

Deadline

You must file your Board Appeal within 1 year of the decision date.

If the Board of Veterans' Appeals denies your appeal, you can take your case to the U.S. Court of Appeals for Veterans Claims (CAVC). This is a federal court outside the VA system.

• Deadline: You must file a Notice of Appeal with the CAVC within 120 days of the BVA decision — treat this as an absolute deadline. Equitable tolling exists in extraordinary circumstances (Henderson v. Shinseki, 2011) but is extremely rare and should never be relied upon
• Legal representation: While not required, most veterans at this stage work with an attorney. Many veteran legal organizations offer free legal representation before the CAVC
• The CAVC can affirm the BVA decision, reverse it, or remand it back to the Board for further proceedings
• The CAVC reviews whether the BVA applied the law correctly — it does not re-weigh evidence or make new factual findings

Beyond the CAVC: In rare cases, you can appeal a CAVC decision to the U.S. Court of Appeals for the Federal Circuit, and ultimately to the U.S. Supreme Court.

Your decision depends on your specific situation:

• You have new evidence (medical records, nexus letter, buddy statement) → Supplemental Claim
• You believe the VA made an error with the existing evidence → Higher-Level Review
• You want a thorough, independent review by a judge → Board Appeal
• You want to present your case in person → Board Appeal with Hearing docket

You can switch lanes after a decision. For example, if your Higher-Level Review is denied, you can then file a Supplemental Claim with new evidence or appeal to the Board. Each new decision restarts the 1-year filing deadline for the next review option.

The VA has a legal obligation — called the Duty to Assist — to help you develop your claim. This includes obtaining service records, VA medical records, Social Security records, and scheduling C&P exams when needed.

If the VA failed in this duty during your original claim, it can be grounds for overturning the decision. Here is how Duty to Assist errors interact with the appeal lanes:

• Supplemental Claim: The Duty to Assist applies again — the VA must help you gather evidence
• Higher-Level Review: The senior reviewer can identify a Duty to Assist error and return the claim to the regional office for correction
• Board Appeal: The judge can remand the case back if a Duty to Assist error occurred

• Deadlines are strict. You have 1 year from the date of the decision to file a Supplemental Claim, Higher-Level Review, or Board Appeal. Missing the deadline means losing your effective date.
• The CAVC deadline is only 120 days — treat this as an absolute deadline. While the Supreme Court recognized equitable tolling in extraordinary circumstances (Henderson v. Shinseki, 2011), this is extremely rare and should never be relied upon. Mark this date immediately if you receive a BVA denial.
• Retain copies of everything. Keep copies of all decisions, forms, evidence submissions, and correspondence. You will need them if you move between lanes.
• Consider VSO representation. A Veterans Service Organization (such as the DAV, VFW, or American Legion) can represent you for free throughout the appeals process. They have trained claims agents who know the system.
• New evidence in HLR is not allowed — but if the reviewer identifies a Duty to Assist error, the claim can be returned for development, which may include a new C&P exam.
• The informal conference in HLR is optional but recommended. It gives you or your representative a chance to point out specific errors directly to the reviewer.
• BVA hearing testimony is evidence. If you choose the Hearing docket, your sworn testimony before the judge is considered evidence and can support your claim.
• You can have multiple appeals in different lanes at the same time if you have multiple issues. For example, one issue on Supplemental Claim and another on Higher-Level Review.

Veterans may withdraw a pending claim or appeal at any time before the VA renders a decision. The process and consequences differ depending on which review lane is involved.

Withdrawing a Board Appeal

Under 38 CFR 20.205, only the appellant or their authorized representative may withdraw a Board appeal. The withdrawal must be in writing and include: (1) the veteran's name, (2) the claimant's name if different, (3) the VA file number, and (4) a statement that the appeal is withdrawn. For multi-issue appeals, the withdrawal must specify whether it covers all issues or list the specific issues being withdrawn. The withdrawal is effective when received by the Board. A withdrawal received after the Board issues a final decision has no effect.

Withdrawing a Supplemental Claim or Higher-Level Review

Under 38 CFR 3.2500, a claimant may withdraw a supplemental claim or a request for a Higher-Level Review at any time before the VA renders a decision. The withdrawal must be submitted in writing to the agency of original jurisdiction and is effective the date the VA receives it.

Consequences of Withdrawal

• Effective date impact: Withdrawing a claim or appeal means it is treated as if it was never filed for purposes of that review lane. If you later refile, the effective date will generally be based on the new filing date — not the date of the withdrawn claim. This can result in a significant loss of back pay.
• No bar to refiling: Withdrawal does not prevent you from filing a new Supplemental Claim, requesting a Higher-Level Review, or filing a Board Appeal on the same issue — provided the new filing would be timely under the rules as if the withdrawn appeal had never been filed.
• Lane switching after withdrawal: Under the Appeals Modernization Act, veterans retain the ability to choose a different review lane after withdrawal.

When Withdrawal Might Be Strategic

Withdrawal is a significant decision and is generally not advisable. However, there are limited scenarios where it may make sense:

• Switching lanes with new evidence: If you filed a Higher-Level Review but subsequently obtained strong new evidence (a nexus letter, new medical records), you might withdraw the HLR and file a Supplemental Claim instead — since HLR does not allow new evidence but Supplemental Claims do
• Avoiding an unfavorable precedent: In rare cases at the Board level, withdrawing before an unfavorable decision may allow a fresh approach through a different lane
• Consolidating issues: If multiple issues are pending in different lanes, withdrawal and refiling may allow them to be consolidated

Important: Before withdrawing any claim or appeal, carefully consider the effective date consequences. If you are within 1 year of the original decision, you can refile in a different lane without losing your effective date. If you are past 1 year, withdrawal will almost certainly cost you the original effective date. Consult an accredited representative before making this decision.

Forms for This Topic

The official VA forms relevant to this page, in one place. Select a form to view, download, or add it to your report.

• VA Form 20-0995 — Decision Review Request: Supplemental ClaimUse VA Form 20-0995 if you disagree with a VA decision and want to provide new evidence to support your claim.
• VA Form 20-0996 — Decision Review Request: Higher-Level ReviewUse this form to request a Higher-Level review of the decision you received by the Department of Veterans Affairs based on the evidence of record at the time VA issued of the prior decision.
• VA Form 10182 — VA Form 10182 ↗(opens VA.gov in a new tab)Board Appeal — the Notice of Disagreement that sends your case to a Veterans Law Judge