Your appeal options

After a VA decision, you generally have three ways to challenge it. They differ mainly in one thing: whether you’re adding new evidence. We’ll take them one at a time, plainly.

Draft content — under review by an accredited VA attorney. We’ve written this in plain language to help you understand your options. A VA-accredited attorney is still checking it for accuracy.

Always verify your deadlines on your VA decision letter. The dates that matter for your case are the ones printed on your own letter from the VA — not the examples here.

A calm reminder about timing: you generally have 1 year from the date on your decision letter to choose a lane. There’s no need to rush today — but it’s good to know the window. You generally have 1 year to choose Higher-Level Review, a Supplemental Claim, or a Board Appeal. Filing within this year keeps your claim on one continuous track and protects your original effective date (your back-pay start date).

Higher-Level Review (HLR)

You file: VA Form 20-0996

A more senior reviewer takes a fresh look at the SAME evidence already in your file and decides again. They give it a brand-new ("de novo") review and are not bound by the first decision. You cannot add new evidence in this lane — the reviewer works only with what is already there.

New evidence: No new evidence — same record, fresh review
Who reviews it: A senior VA adjudicator at the regional office who did not work on your first decision.
Best when: You believe the VA got it wrong on the evidence it already had — for example, it overlooked a record, misread a doctor’s opinion, or applied the law incorrectly. No new evidence is needed to show the mistake.
Maybe not the fit when: You have new evidence to add (a Supplemental Claim fits better) — submitting new evidence is not allowed here, so it would not be considered.
Typical timeline: Often the fastest lane — frequently a few months.
Deadline: 1 year from the date on your decision notice.

Good to know

You can request a one-time INFORMAL CONFERENCE — a phone call where you or your representative point out where you think the error is. You cannot give new evidence on the call, but you can explain why the existing record supports you.
No new evidence is allowed. If you have something new, use a Supplemental Claim instead.
If the reviewer spots a clear mistake in how your claim was handled (a "duty to assist" error from before the decision), the VA can send it back to be corrected.
You generally cannot do two Higher-Level Reviews in a row on the same issue.

Supplemental Claim

You file: VA Form 20-0995

You submit NEW AND RELEVANT evidence — or point the VA to evidence it can gather for you — and ask it to decide the claim again with that new information added. "New" means the VA has not seen it before. "Relevant" means it could prove or disprove something the claim turns on, like a diagnosis or a link to service.

New evidence: You add new, relevant evidence
Who reviews it: A VA adjudicator at the regional office, who also has a duty to help you gather the evidence.
Best when: You have something new the file did not have before — a nexus opinion linking your condition to service, a new diagnosis, buddy or lay statements, or records that have since become available.
Maybe not the fit when: You have no new evidence and just believe the VA misjudged what it already had — a Higher-Level Review fits that better.
Typical timeline: Usually a few months; depends on how much evidence has to be developed.
Deadline: File within 1 year of the decision notice to protect your original effective date (your back-pay start date). You can file later, but doing so may move your effective date forward and reduce back pay.

Good to know

"New and relevant" is an easier bar than the old "new and material" standard — the evidence just has to be new and have a reasonable chance of helping.
The VA has a DUTY TO ASSIST in this lane: if you identify records (like private medical records or another agency’s files), the VA must make reasonable efforts to get them.
You can file a Supplemental Claim more than once as you keep finding new evidence.
Filing within 1 year keeps your effective date through "continuous pursuit" — see the deadlines page.

Board Appeal (to the Board of Veterans’ Appeals)

You file: VA Form 10182 (Notice of Disagreement)

You ask a Veterans Law Judge at the Board of Veterans’ Appeals (BVA) — a judge who is independent of the regional office — to review your case. You choose one of three dockets (tracks) below depending on whether you want to add evidence or have a hearing.

New evidence: New evidence optional (depends on docket)
Who reviews it: A Veterans Law Judge at the Board of Veterans’ Appeals (BVA) in Washington, D.C.
Best when: You want a judge — not the regional office — to decide, often after a Higher-Level Review or Supplemental Claim, or you specifically want a hearing to tell your story.
Maybe not the fit when: You mainly need the VA to consider new evidence quickly — a Supplemental Claim is usually faster — or you want the shortest possible wait.
Typical timeline: The longest lane — often a year or more, and the wait varies a lot by docket.
Deadline: 1 year from the date on your decision notice to file the Notice of Disagreement (VA Form 10182).

Good to know

You pick ONE of three dockets when you file: Direct Review, Evidence Submission, or Hearing.
The judge reviews your case on its own merits and is not bound by the regional office’s decision.
If the Board decides against you, you have 120 days to appeal to the U.S. Court of Appeals for Veterans Claims (CAVC).
A representative (a VSO, accredited agent, or accredited attorney) can help you prepare and present a Board appeal.

If you choose a Board Appeal: three dockets

A Board Appeal goes to a Veterans Law Judge at the Board of Veterans’ Appeals (BVA). You pick one of three tracks (“dockets”) depending on whether you want to add evidence or have a hearing.

Direct Review

The judge decides using only the evidence already in your file at the time of the decision you are appealing. No new evidence, no hearing. This is the fastest Board track.

— No new evidence
— No hearing

No new evidence accepted — the record is closed to additions in this docket.

Shortest Board wait of the three dockets.

Evidence Submission

You may send the Board new evidence, but there is no hearing. This fits when you have new documents but do not need to speak to a judge.

✓ New evidence allowed
— No hearing

You have 90 days from when you file the Notice of Disagreement to submit new evidence to the Board.

Longer than Direct Review because the Board waits out the evidence window.

Hearing

You get a hearing before a Veterans Law Judge — by video, in person, or by phone — to tell your story and answer questions. You may also submit new evidence around the hearing.

✓ New evidence allowed
✓ Hearing with a judge

You may submit new evidence at the hearing or within 90 days after it. The record stays open through that window.

Usually the longest wait, because hearings have to be scheduled.

Why filing within the year matters: your effective date

Your effective date is the date the VA uses to figure out how far back your benefits go. It’s your back-pay start date. An earlier effective date can mean a lot more money.

When you keep your claim moving by filing your next step within 1 year of each decision, the VA treats it as one continuous effort. Lawyers call this “continuous pursuit.” It keeps your effective date anchored to your original claim — not the later date you happened to file the next step.

Here’s the calm version: if you let the full year pass, you can usually still file again. But your effective date may move forward to that later date, and you could lose some back pay tied to the earlier one. So the year isn’t about rushing — it’s about not letting the clock quietly cost you money.

You can see the key dates for your own decision on the deadlines page.

We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.

This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.