Denied by VA? Don’t start over—appeal smart. Under today’s AMA system you have three lanes (Higher-Level Review, Supplemental Claim, Board Appeal). Pick the right lane, hit the deadline, and submit the evidence VA needs. This guide shows exactly how—forms, tips, and pitfalls to avoid. Veterans Affairs
What to do first when VA denies your disability claim
- Read the decision letter closely. Circle each denied issue and the VA’s reasons (e.g., “no nexus,” “not service connected,” “insufficient severity”).
- Decide your lane (HLR, Supplemental, or Board) based on whether you have new evidence and whether you need a judge to weigh testimony/argument. Veterans Affairs
- Calendar your deadline (generally 1 year from the decision letter to choose an AMA review option). If the Board denies you, you have 120 days to appeal to the CAVC. Source: VA decision reviews; 38 U.S.C. §7266; last checked: September 12, 2025. Veterans Affairs+1
Bottom line: Don’t file a new claim. Appeal within a year to protect your effective date and back pay. Legal Information Institute
Your three appeal lanes under the Appeals Modernization Act (AMA)
1) Higher-Level Review (HLR)
- What it is: A senior reviewer re-examines your file for legal or factual error. No new evidence is allowed. You may request an optional informal conference call. Use when you believe the VA misapplied the law or overlooked evidence already in the record. Form: VA 20-0996. Veterans Affairs+1
- Good for: Clear duty-to-assist or interpretation mistakes; incorrect rating math; C&P exam misread. (DTA errors must be pre-decisional.) Veterans Affairs+1
- Not for: Submitting new medical records or nexus letters—save those for a Supplemental Claim. Veterans Affairs
Bottom line: Use HLR when the record was already strong and VA likely got it wrong; keep new evidence out. Veterans Affairs
2) Supplemental Claim (SC)
- What it is: A new review based on new and relevant evidence (e.g., private medical opinions, new test results, service records). Form: VA 20-0995. Veterans Affairs+1
- “New and relevant” means: Not previously considered and capable of proving or disproving something in dispute. Veterans Affairs
- Tips: Ask VA to obtain private records via VA Form 21-4142, or submit them yourself for speed. Veterans Affairs
Bottom line: If VA denied you for missing evidence (e.g., no nexus), file a Supplemental Claim with a targeted new medical opinion. Veterans Affairs
3) Board Appeal (to a Veterans Law Judge)
- What it is: Appeal to the Board of Veterans’ Appeals with one of three dockets: Direct Review (no new evidence); Evidence Submission (submit within 90 days); or Hearing (testify + evidence). Form: VA 10182. Veterans Affairs+1
- Good for: Complex legal issues, credibility weighing, or when HLR/SC didn’t fix it.
- After a Board decision: You can file a Supplemental Claim with new evidence or appeal to the CAVC within 120 days. Source: VA Board pages; 38 U.S.C. §7266; last checked: September 12, 2025. Veterans Affairs+1
Bottom line: Choose the Board when you need judicial-style review or testimony, and you understand longer timelines. U.S. Department of Veterans Affairs
Deadlines, effective dates, and continuous pursuit
- For most rating decisions, you have 1 year from the notice date to pick an AMA review option (HLR, SC, or Board). Filing within a year keeps your claim in continuous pursuit, preserving your effective date (and potential back pay). Legal Information Institute
- Missed the year? You can still file a Supplemental Claim anytime, but effective-date protection may be lost. Legal Information Institute
- After a Board decision: 120 days to file a CAVC appeal. The Court must receive your Notice of Appeal within 120 days (or it must be properly postmarked). Sources: 38 U.S.C. §7266; CAVC Rules; last checked: September 12, 2025. Legal Information Institute+1
Source note: Deadlines summarized from VA.gov decision-reviews and U.S. Code; always verify your letter’s dates. Last checked: September 12, 2025. Veterans Affairs+1
Bottom line: Protect your date. File within 1 year (or 120 days after a Board denial) to avoid losing back pay. Legal Information Institute
Which lane should you choose? (quick decision guide)
Fast comparison table
| Feature | Higher-Level Review | Supplemental Claim | Board Appeal |
|---|---|---|---|
| Best when | VA made an error using existing evidence | You can add new & relevant evidence | Complex case; need judge/credibility |
| Can add evidence? | No | Yes (new & relevant) | Direct: No; Evidence docket: within 90 days; Hearing: testimony + evidence |
| Typical form | VA 20-0996 | VA 20-0995 | VA 10182 |
| Typical risks | Can’t fix missing-evidence problem | Weak/irrelevant evidence won’t move the needle | Longer wait; formal rules |
| Good extras | Optional informal conference | Medical nexus letter, updated records, buddy statements | Hearing prep, legal brief |
| After decision | If still denied, try SC or Board | If still denied, try HLR or Board | If still denied, 120-day CAVC window |
Source: VA.gov lane pages & forms; last checked: September 12, 2025. Veterans Affairs+5Veterans Affairs+5Veterans Affairs+5
Bottom line: Match the lane to the gap in your decision—error? HLR. Missing proof? Supplemental. Complex/credibility? Board. Veterans Affairs
Build winning evidence (and use the benefit-of-the-doubt rule)
Target the reason for denial:
- “No nexus” → commission a medical nexus opinion tying your diagnosis to service, citing records and medical literature.
- “Not severe enough” → updated treatment notes, DBQ, work limitations, symptom logs.
- “No in-service event” → unit records, deployment orders, buddy statements corroborating exposure/incident.
Know the legal standard: When the evidence is in approximate balance, VA must grant the benefit of the doubt. That’s 38 CFR §3.102—sometimes called the “tie goes to the runner” rule. Source: 38 CFR §3.102; last checked: September 12, 2025. eCFR
Duty to assist (DTA): VA must help you gather federal records and may need to schedule exams. HLR reviewers can spot pre-decisional DTA errors and correct them (often via remand). Source: VA “duty to assist”; M21-5 notes; last checked: September 12, 2025. Veterans Affairs+1
Evidence ideas that move the needle (by lane):
- Supplemental Claim:
- Independent medical opinion addressing the denial’s exact rationale (e.g., inadequate C&P).
- New diagnostics (sleep study, imaging), specialist letters, line-of-duty docs, buddy statements with dates, units, and specifics.
- Identify private records via 21-4142 so VA can fetch them (or upload yourself). Veterans Affairs
- Higher-Level Review:
- A one-page issue list pointing to evidence already in the file the first rater missed; request an informal conference to walk the reviewer through it. Veterans Affairs
- Board Appeal:
- Hearing outline (facts, theory of the case); brief tying facts to regs; submit evidence per your chosen docket timeline. Veterans Affairs
Bottom line: Build case-specific evidence; aim for equipoise or better, and invoke §3.102 when the record is balanced. eCFR
Step-by-step: file it right (forms, where, how)
1) Choose your lane and form
- HLR: VA Form 20-0996 (no new evidence). VBA
- Supplemental: VA Form 20-0995 (+ new & relevant evidence). VBA
- Board Appeal: VA Form 10182 (select Direct, Evidence, or Hearing docket). Veterans Affairs
2) File online, mail, or in person using the lane-specific VA pages; retain copies and proof of submission. Veterans Affairs+2Veterans Affairs+2
3) Keep “continuous pursuit” by acting within 1 year of each decision to preserve your effective date. Legal Information Institute
4) Track deadlines after a Board decision: 120 days to the CAVC if you continue to disagree. Legal Information Institute
Quick filing checklist (print/save)
- □ Decision letter with issue list and reasons for denial
- □ Pick lane (HLR / SC / Board) and complete the correct form
- □ For Supplemental: attach new & relevant evidence (nexus, diagnostics, buddy statements)
- □ Upload/submit VA Form 21-4142 if VA should request private records for you (or upload directly) Veterans Affairs
- □ Submit online (preferred) or by mail/in person; save confirmation
- □ Calendar follow-up milestones (90-day evidence window for Board Evidence docket; hearing prep if chosen) Veterans Affairs
- □ If denied again: reassess and switch lanes or consider CAVC (120-day deadline) Legal Information Institute
Bottom line: Pick the right form, submit complete evidence, and document everything to avoid do-overs. Veterans Affairs
If the Board denies you: your 120-day Court window
- You can file a Notice of Appeal with the U.S. Court of Appeals for Veterans Claims (CAVC) within 120 days of the Board decision. Filing can be done without a lawyer, and pro bono help may be available. Sources: 38 U.S.C. §7266; CAVC guide; Veterans Consortium Pro Bono Program; last checked: September 12, 2025. Legal Information Institute+2uscourts.cavc.gov+2
- If you have new evidence after a Board decision, you may instead/newly file a Supplemental Claim with that evidence to continue your case within AMA. Veterans Affairs
Bottom line: Mark 120 days on your calendar—Court appeals are deadline-driven; otherwise consider a Supplemental Claim with fresh evidence. Legal Information Institute
Common mistakes to avoid
- Missing the 1-year or 120-day deadline. (See sections above.) Legal Information Institute+1
- Using the wrong lane. Don’t file HLR when you actually need new evidence; don’t file SC if your issue is a legal error. Veterans Affairs
- Submitting evidence that isn’t “relevant.” Make sure it addresses the exact reason for denial. Veterans Affairs
- Not invoking duty-to-assist when VA missed records or exams. Veterans Affairs
Bottom line: Strategy beats speed—match lane to problem, submit relevant evidence, and mind the deadlines. Veterans Affairs
Disclaimer
This article provides general information about VA disability appeals and is not legal advice. Laws, forms, deadlines, and policies can change; discuss your case with an accredited VSO, claims agent, or attorney.
FAQ Section
How long do I have to appeal a VA decision?
Generally 1 year from the decision letter to choose HLR, Supplemental Claim, or Board Appeal under AMA. After a Board decision, you have 120 days to appeal to the CAVC. Source: 38 U.S.C. §7266; VA decision-reviews; last checked: September 12, 2025. Veterans Affairs+1
What is the best way to appeal a denied VA disability claim?
If VA made an error using existing evidence, try Higher-Level Review. If you can add new & relevant evidence (e.g., a nexus opinion), file a Supplemental Claim. Complex cases may benefit from a Board Appeal. Veterans Affairs
Can I submit new evidence in an appeal?
Yes for a Supplemental Claim (and in the Board’s Evidence or Hearing dockets); no for Higher-Level Review. Veterans Affairs+2Veterans Affairs+2
What does “new and relevant” evidence mean?
New: not considered before. Relevant: tends to prove or disprove something in your claim. Veterans Affairs
What is the VA “benefit-of-the-doubt” rule?
When positive and negative evidence are in approximate balance, VA must resolve doubt in your favor (38 CFR §3.102). eCFR
Which forms do I need to appeal?
20-0996 (HLR), 20-0995 (Supplemental), 10182 (Board). VBA+2VBA+2
What happens if I miss the one-year deadline?
You can still file a Supplemental Claim, but you may lose effective-date protection (back pay). Legal Information Institute
Can I switch lanes later?
Yes. If you aren’t satisfied with one option, you can try another eligible option (e.g., from HLR to Supplemental, or to Board). Veterans Affairs
Takeaways & next steps
Takeaways
- Pick the right lane (HLR = error; SC = new evidence; Board = judicial review). Veterans Affairs
- Protect your dates (1-year AMA window; 120-day CAVC after Board). Legal Information Institute+1
- Submit targeted evidence—especially a nexus opinion if service connection was the issue. Veterans Affairs
- Use duty-to-assist to fix missing records/exams. Veterans Affairs
- Document, copy, and track every submission.
Next steps
- Download the correct form and complete it today: 20-0996 (HLR), 20-0995 (SC), or 10182 (Board). VBA+2VBA+2
- If the Board denied you, set a 120-day reminder for the CAVC appeal window. Legal Information Institute
- Consider help from an accredited VSO/agent/attorney.