VA Disability Appeals and Decision Reviews
Quick answer
If you disagree with a VA decision, you can choose one of three decision review options: a Supplemental Claim (add new and relevant evidence), a Higher-Level Review (a senior reviewer looks for an error, with no new evidence), or a Board Appeal (a Veterans Law Judge decides). For HLR and Board Appeals you generally have one year from the decision. Filing a Supplemental Claim within one year helps keep your effective date.
Compare the three options
| Supplemental Claim | Higher-Level Review | Board Appeal | |
|---|---|---|---|
| Best when | You have new and relevant evidence | You believe VA made an error or should see the same evidence differently | You want a Veterans Law Judge to decide |
| New evidence? | Yes, required | No | Depends on docket (Direct: no; Evidence or Hearing: yes) |
| Form | VA Form 20-0995 | VA Form 20-0996 | VA Form 10182 |
| Deadline | Any time; within 1 year to keep your effective date | Within 1 year of the decision | Within 1 year (60 days for contested claims) |
| VA stated goal | 125 days on average | 125 days on average | 365 days (Direct), 550 (Evidence), 730 (Hearing) |
How to choose
- Read the decision letter closely. Note what VA said was missing or why it denied or rated the condition.
- Ask whether the problem is evidence or error. Missing evidence points toward a Supplemental Claim. A misread record or misapplied rule points toward a Higher-Level Review.
- Watch the calendar. The one-year window affects your options and your effective date.
- Decide whether you want a judge. The Board takes longer but offers a hearing option.
If your condition has simply gotten worse since the decision, that is usually a claim for an increased rating, not a decision review. If your claim was denied, see what to do after a denial.
Common mistakes
- Filing a Higher-Level Review when the real gap is missing evidence (HLR does not accept new evidence).
- Letting the one-year window pass and losing the earlier effective date.
- Requesting an HLR after a previous HLR or Board Appeal on the same issue, which VA does not allow.
Working with someone on your claim? Learn what a VA-accredited representative is and how to verify one before you sign anything.
Common questions
How long do I have to appeal a VA decision?
For a Higher-Level Review or Board Appeal, generally one year from the date of the decision (60 days for contested claims at the Board). You can file a Supplemental Claim at any time, but VA recommends filing within one year to keep your effective date.
Can I submit new evidence with a Higher-Level Review?
No. VA does not accept new evidence in a Higher-Level Review. Use a Supplemental Claim or a Board Appeal docket that allows evidence.
What is the fastest VA appeal option?
VA’s stated goal is an average of 125 days for Supplemental Claims and Higher-Level Reviews, compared with 365 days or more for Board Appeals. Actual times vary.
Can I switch to a different option?
VA says you may be able to switch to a different option if you meet certain requirements. Check the timing rules on VA.gov.
Do I need a lawyer to appeal?
No. You can file on your own. Accredited VSO representatives help for free, and accredited attorneys and claims agents may charge fees only after an initial decision and under VA rules.