Veterans Benefits Appeals: Options After a Denial
Updated 2026-10-06
A letter from the Department of Veterans Affairs (VA) that denies a claim, or grants less than you expected, can be discouraging. It is not always the final word. The VA has a formal process for asking it to look at a decision again, and it gives you more than one path. This guide explains, in general terms, how those options work and what to think about before you choose one.
Who can ask for a review
According to the VA's decision reviews and appeals page, the process is open to Veterans and to spouses, dependents, survivors, and family caregivers of Veterans who disagree with a VA decision. The same page notes that decisions about medical treatment have a separate route, called a Clinical Appeal, and that some other decisions, such as caregiver program, insurance, and fiduciary decisions, have their own instructions.
This article focuses on decisions about benefits and claims, such as disability compensation or pension.
The three decision review options
The VA's page on choosing a decision review option describes three choices. Which one fits depends mostly on one question: do you have new evidence, or do you think the VA made a mistake with the evidence it already had?
Supplemental Claim
A Supplemental Claim is for cases where you have new and relevant evidence that the VA did not consider before. Examples might include new medical records or an opinion from a doctor. The VA says it can help you gather new evidence that you identify. A reviewer then decides whether the new evidence changes the result. The VA lists VA Form 20-0995 for this option, and for disability compensation claims it also allows online filing. More detail is on the Supplemental Claim page.
Higher-Level Review
A Higher-Level Review is for cases where you believe there was an error and you do not have new evidence. A more senior reviewer looks at the same evidence again. You cannot add new evidence with this option. The VA says you can ask for an optional, one-time informal conference with the reviewer to point out specific errors, though this may delay the review. The form is VA Form 20-0996. The Higher-Level Review page says you request it within one year of the decision on your initial claim or Supplemental Claim, counted from the date on your decision letter.
Board Appeal
A Board Appeal sends your case to a Veterans Law Judge at the Board of Veterans' Appeals. The VA's Board Appeals page describes three types, and you pick one on the form (VA Form 10182):
- Direct Review — the judge looks at the evidence already in your file. No new evidence and no hearing.
- Evidence Submission — you can add new evidence, with your request or within 90 days after the Board receives it.
- Hearing — you meet with a judge, virtually, by videoconference at a VA location, or in person in Washington, D.C. You may add evidence at the hearing or within 90 days after it.
The VA says a Board Appeal generally must be requested within one year of the decision you disagree with. It also notes an exception for "contested claims," where two people claim a benefit that only one can receive: those appeals must be requested within 60 days of the decision letter. You cannot request two Board Appeals in a row for the same claim.
Reading your decision letter first
Before you pick an option, read the decision letter slowly. Look for:
- The date on the letter. Deadlines usually run from this date, not from the day you opened the envelope.
- Each issue decided. One letter may grant some issues and deny others. The Higher-Level Review page says you list every issue you disagree with and the decision date for each.
- The reasons given. If the letter says evidence was missing, a Supplemental Claim with that evidence may make sense. If it says the evidence did not support your claim and you think it did, a Higher-Level Review or Board Appeal may fit better.
Keep a copy of the letter and everything you send to the VA. A simple folder with dates written on each item helps a lot later.
After the Board decides
If a Board Appeal does not go your way, there is another step outside the VA. The Board Appeals page explains that you can appeal to the U.S. Court of Appeals for Veterans Claims within 120 days from the date on the Board's decision letter. That appeal is filed with the court, not with the VA. Court rules are more formal, and this is a stage where many people choose to have a representative.
Older appeals
If you filed a Notice of Disagreement for a decision dated before February 19, 2019, your case may be in what the VA calls the "legacy" appeals process. The VA explains this on its decision reviews page. Legacy rules are different, so ask about them if your case is older.
Getting help with a VA appeal
The VA's page on accredited representatives lists three kinds of people who can help you file a claim or request a decision review:
- Accredited Veterans Service Organization (VSO) representatives
- Accredited attorneys
- Accredited claims agents
The VA says services from an accredited VSO representative on VA benefit claims are always free. Accredited attorneys and claims agents can charge fees. If you consider a lawyer, ask whether they are accredited by the VA, how they charge, and when fees would be owed. Get the fee terms in writing.
You appoint a representative with a VA form (Form 21-22 for a VSO, Form 21-22a for an attorney or claims agent). Appointing a new representative replaces your current one, so check whether you already have someone on file.
Some Veterans also have Social Security disability claims at the same time. Those are a separate federal system with separate rules; our page on Social Security disability lawyers explains that area.
Questions to ask before you choose
- Which issues in my letter do I disagree with, and why?
- Do I have evidence the VA has not seen?
- How much time is left before the one-year (or 60-day) window closes?
- Would a hearing help explain my situation, or is the record enough?
- Do I already have an accredited representative appointed?
A representative can tell you how these options might apply to your file. No one can promise how a reviewer or judge will decide.
Frequently asked questions
Can I submit new evidence with a Higher-Level Review?
No. The VA says a Higher-Level Review looks only at the evidence already in your file. If you have new and relevant evidence, a Supplemental Claim or certain types of Board Appeals allow it.
How long do I have to request a decision review?
For many benefit decisions, the VA says the window is one year from the date on the decision letter. Contested claims have a shorter 60-day window for Board Appeals. Check your letter and the VA's pages for your situation.
Does it cost money to get help with a VA appeal?
Help from an accredited VSO representative is free, according to the VA. Accredited attorneys and claims agents may charge fees, so ask about costs before you appoint one.
What if the Board of Veterans' Appeals denies my case?
You may be able to appeal to the U.S. Court of Appeals for Veterans Claims. The VA says this must be filed within 120 days from the date on the Board's decision letter.
Related: Browse more legal guides and Social Security disability lawyers.
General information, not legal advice. Laws change and every case is different — talk to a licensed attorney or VA-accredited representative about your situation.