When you receive a decision from the U.S. Department of Veterans Affairs (VA) on your disability benefits claim, you may not agree with the outcome. A decision review or appeal is the process through which you can challenge a decision you believe is incorrect or unfair. Understanding these options is key to knowing how to move forward.
What Are My Options To Appeal A Decision?
When the VA issues a decision, you have three primary options for requesting a review or appeal. Each pathway addresses different circumstances, so it's important to choose the one that best fits your situation.
Supplemental Claim
If you have new and relevant evidence to support your claim, filing a Supplemental Claim may be the right option. This pathway allows you to strengthen your case by introducing information the VA may not have considered during the initial review.
- When to use: You can file this type of claim at any time. However, submitting it within 12 months of the original decision allows you to stay within the VA appeals system for your original decision. Waiting longer than one year may require you to start the process over, potentially losing the connection to your initial claim date.
- Requirements: You must provide or identify new and relevant evidence. The VA will assist in gathering the necessary documentation.
- How it works: Once your Supplemental Claim is submitted, a VA reviewer will evaluate the new evidence and determine whether it warrants a change to the original decision.
Higher-Level Review
If you believe the VA made an error in reviewing your initial claim and you don't have new evidence, a Higher-Level Review may be the best option.
- When to use: This option is ideal if you are confident that your current evidence supports a more favorable decision.
- Requirements: No new evidence can be submitted. Instead, a more experienced reviewer will reexamine your claim based on the original evidence.
- How it works: You can request a one-time informal conference with the reviewer to discuss your claim. It must be requested within one year of the date on your decision letter.
Board Appeal
If your case requires a more in-depth review, you can file a Board Appeal with the Board of Veterans' Appeals (aka Board).
- When to use: This is appropriate if neither a Supplemental Claim nor a Higher-Level Review resolves your concerns.
- How it works: There are three options for Board Appeals.
- Direct Review Docket: The Board reviews your appeal based solely on the existing record.
- Evidence Submission Docket: You may submit additional evidence within 90 days of filing the appeal.
- Hearing Docket: You have the opportunity to present your case at a hearing and submit evidence within 90 days of the hearing.
If you disagree with the Board decision, you still have two more options to pursue further action:
- File a Supplemental Claim: If new evidence becomes available, you can submit a Supplemental Claim (see above) within one year of the Board's decision.
- Appeal to the Court of Appeals for Veterans Claims (CAVC): If you believe the Board's decision is legally incorrect, you can escalate your case to the CAVC. You must file this appeal within 120 days of the Board's decision.
Choosing the right option at this stage is critical, as it impacts the overall timeline and potential outcome of your case.
How Do I Choose The Right Option?
Selecting the best decision review or appeal pathway depends on your circumstances:
- Availability of evidence: If you have new evidence, a Supplemental Claim may be the most effective option.
- Complexity of the case: For errors in the review process, a Higher-Level Review may suffice.
- Timeliness: Filing within the one-year deadline preserves your effective date and ensures continuity of your claim, as the VA will consider a later claim to be a new filing.
Evaluating these factors carefully is essential to maximizing your chances of success. Making these choices can feel overwhelming, which is why using the services of a representation company specializing in VA disability such as Allsup Veterans Appeals℠ (AVA) is a smart move.
How Do I File My Appeal?
Breaking the appeals process into manageable steps can simplify the experience:
- Review your VA decision letter: Understand why your claim was denied or received an unsatisfactory rating.
- Obtain a VA disability representative: Using expert help will reduce delay and maximize chances for a successful outcome. Make sure they are VA-accredited and have a great deal of experience and expertise, such as AVA.
- Decide on the best appeal option: With advisement from your representative, choose between a Supplemental Claim, Higher-Level Review or Board Appeal.
- Gather Documentation: Make sure you have all required evidence and forms to support your appeal. Your representative will guide you on what to get.
- File your appeal: Your representative will help you file before the deadline to preserve your effective date and advise on any next steps.
Am I Able To Get Any Help With My Decision Review Or Appeal?
Allsup Veterans Appeals (AVA) provides experienced guidance to help you secure the benefits you've earned through your service. Since 2012, AVA has delivered VA appeals representation focused on the unique needs of veterans.
Many of our VA-accredited claims agents are veterans and understand the VA process. We know what it takes to create an accurate, successful claim.
Working with AVA means you will receive expert guidance, precise submission of your appeal, handling of complex processes, communication with the VA and the support you need.
