Most first-time VA claims are denied or under-rated. A decision you disagree with is not the end — under the Appeals Modernization Act (effective Feb. 19, 2019) you have three clear ways to have a decision reviewed. The right one depends on a single question: do you have new evidence?
You can also move from one option to another to keep your claim alive — see "The One-Year Clock" below. At any stage, a Veterans Service Officer (VSO) can help you for free.
The One-Year Clock
You generally have one year from the date on your decision letter to request a review that protects your original effective date (the date your benefits — and any back pay — are measured from).
As long as you keep filing a review within one year of each decision, you stay in "continuous pursuit" and keep that early effective date. If the year lapses, you can still file a Supplemental Claim later with new evidence — but you may lose the earlier effective date, so don't wait if you can avoid it.
The Three Ways to Get a Decision Reviewed
Supplemental Claim
VA Form 20-0995Pick this if: You have NEW evidence the VA hasn't seen yet.
You submit new and relevant evidence — for example, a nexus letter, a new diagnosis, or records the VA didn't have. The VA's duty to assist applies, so a reviewer will help develop the new evidence. This is the most common path after a denial that was really an evidence gap.
Higher-Level Review
VA Form 20-0996Pick this if: You think the VA made a mistake on the evidence it already had.
A senior reviewer takes a fresh look at the exact same evidence — you cannot add new evidence in this lane. You (or your representative) can request an optional informal phone conference to point out the error. Best when the record already supports you but the decision got it wrong.
Board Appeal
VA Form 10182Pick this if: You want a Veterans Law Judge to decide — and maybe a hearing.
Your appeal goes to the Board of Veterans' Appeals and a Veterans Law Judge. You choose one of three dockets: Direct Review (no new evidence, no hearing — fastest); Evidence Submission (you may add new evidence within 90 days of filing); or Hearing (you testify before the judge — the longest wait).
The VA does not promise a set number of days; current average timelines for each option are on va.gov/decision-reviews.
Which Review Is Right for You?
Do you have new evidence (a nexus letter, a new diagnosis, records the VA didn't have)? → Supplemental Claim. See the Nexus Letter guide →
No new evidence, but you think the VA erred on the record it already had? → Higher-Level Review.
Want a Veterans Law Judge to decide, or want a hearing? → Board Appeal (pick the docket that matches whether you have new evidence).
Not sure? A VSO can look at your decision letter and tell you which lane fits — this is exactly what they do, at no cost.
A Few More Things
After a Board denial: the Veterans Court (CAVC)
If the Board of Veterans' Appeals denies your appeal, you can appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) — an independent federal court, not part of the VA — within 120 days of the date the Board mails its decision. The court reviews the existing record rather than taking new evidence, so this lane is usually handled by a lawyer or VA-accredited representative. You can still file a Supplemental Claim with new evidence instead. Beyond the CAVC, further review runs to the U.S. Court of Appeals for the Federal Circuit.
Decisions before Feb. 2019 (legacy appeals)
Appeals of decisions issued before the Appeals Modernization Act used the older Notice of Disagreement → Statement of the Case → VA Form 9 process. Most legacy appeals have concluded; if you're still in one, a VSO can explain whether to opt into the modern lanes.
Clear and Unmistakable Error (CUE)
If a decision is already final (the one-year window closed) and you believe it contained an undebatable error of fact or law that would have changed the outcome, a CUE motion can reopen it — but the bar is very high. Talk to an accredited representative before pursuing CUE.
You don't have to do this alone
A VSO or VA-accredited claims agent/attorney can prepare and file any of these reviews for you, for free (VSOs) or on a regulated fee basis (agents/attorneys, generally only after a decision). Find one through VA.gov.
A denial is not a character judgment
Denials are common and are usually about evidence or how a rule was applied — not about whether your service or your condition is real. The review process exists precisely because first decisions are often wrong or incomplete.
Source: VA decision reviews and appeals — va.gov/decision-reviews (Supplemental Claim, Higher-Level Review, and Board Appeal sub-pages), and 38 C.F.R. Part 3, Subpart D. For free help choosing and filing a review, contact an accredited VSO through VA.gov. New to the process? See What to Expect When You File and the VA-to-English Glossary.