What happens if the VA doesn’t properly review all my evidence?

Last Updated: 12/10/2025

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When you file a disability claim with the U.S. Department of Veterans Affairs (VA), the evidence you give is vital. Medical records, service records and personal statements all help show how your condition is tied to your service and how it affects your daily life. Every decision the VA makes about your claim should come from a full and fair review of that evidence.

But what if the VA doesn’t look at everything? Missing or overlooked information can change the outcome of your claim, sometimes in serious ways. Knowing what the VA is supposed to do, why mistakes happen and what steps you can take will help you protect your rights.

What is the VA’s responsibility when reviewing evidence?

The VA is required by law to review all the evidence that relates to your claim. This includes:

• Medical records from VA doctors and private healthcare providers.
• Service records that show your assignments, deployments, duties or incidents during your time in the military.
• Personal statements or “buddy statements” from people who have seen how your condition affects you.

The VA also has a “duty to assist.” This means the VA must make a real effort to collect your records from different sources, such as military files, hospitals or doctor’s offices.

When the VA reviews your evidence, it looks at two things: how reliable it seems and how much it matters to your claim. For example, a detailed medical report may be stronger than a short note, but both must be considered in the decision.

Why might evidence be missed in a VA claim?

Even though the VA is supposed to look at everything, evidence can still be missed. Common reasons include:

• Paperwork issues: Documents can get misplaced, scanned wrong or not linked to your claim file.
• Large or complex claims: When there are multiple disabilities or very large files, important details can sometimes be overlooked.
• Unclear submissions: If evidence isn’t explained well, it may not get the attention it deserves.

Any of these issues can cause important records to be left out of your decision.

What can happen if evidence is not reviewed?

If the VA misses evidence, the results can be serious. The outcome of your claim may not show the full picture of your health or service.

This could mean:

• A denial that should have been an approval. If the VA doesn’t see proof that links your condition to your service, your claim may be denied even when the connection is real.
• A lower disability rating than you deserve. Ratings depend on how severe your condition is. Missing medical reports or personal statements may cause the VA to underestimate the impact on your daily life.
• Less monthly compensation. Because your rating controls the amount of money you receive, a lower rating means less financial support for you and your family.
• Fewer opportunities. Higher ratings can open the door to additional VA programs, expanded healthcare options and benefits for dependents. If your rating is too low, you may miss out on these opportunities.

In some cases, missing evidence may also affect whether the VA recognizes your condition as service connected at all. This can prevent you from getting any benefits, even if your disability clearly started during or was made worse by your military service.

What protections exist if evidence is missed?

VA decisions must explain why your claim was approved or denied. This includes naming the evidence that was reviewed and why some records were or were not convincing. If a decision leaves out key evidence or doesn’t explain it properly, that may be an error.

Errors like these are often valid reasons to appeal. Courts and review boards agree that ignoring service records, medical reports or personal statements can justify a new review. These rules are in place to give you a fair chance if evidence is missed.

What should I do if evidence was missed?

If you believe the VA missed important evidence, you can appeal your decision. A good first step is to carefully read your decision letter, since it lists the evidence the VA considered and explains the reasons for the outcome.

From there, you have three main appeal options to choose from:

• Higher-Level Review: This review is performed by a VA Decision Review Officer (DRO) who reviews your existing records and evidence for any errors or mistakes.
• Supplemental Claim: The VA evaluates new and relevant evidence and decides if there is a change in the decision.
• Board Appeal: You appeal directly to the Board of Veterans’ Appeals (BVA) and choose from three review paths:
  • Direct Review: The BVA reviews your existing evidence without new submissions or a hearing.
  • Evidence Submission: You provide additional evidence for the BVA to review.
  • Hearing: You present your case virtually before a Veterans Law Judge.

Each option has specific deadlines and rules, which are outlined in your VA decision letter. These pathways give you multiple ways to ensure that all evidence is fully reviewed.

Can I get help with an appeal?

You don’t have to handle an appeal on your own. If you’ve been denied veterans disability benefits or weren’t happy with the VA’s rating decision from the past 12 months, Allsup Veterans Appeals (AVA) can help.

Our VA-accredited Claims Agents, including some who are veterans, understand the VA process and know how to develop a well-documented appeal that is likely to succeed.

We can save you stress and help you avoid mistakes that could delay or deny your appeal and affect your financial situation. Let us help you find the right option for your appeal.