The VA Disability Appeals Process

For most decisions, act within one year

For most VA benefits, you have one year from the date on the decision letter to request Higher-Level Review or a Board Appeal. You can generally file a Supplemental Claim later, but filing within one year helps preserve continuous pursuit and a potential effective date. Some benefit types have shorter deadlines; use the date and instructions in your decision letter.

If you miss the deadline, you may still be able to file a Supplemental Claim with new and relevant evidence, but the effective date can be affected. Do not wait for an informal phone explanation if you intend to challenge the written decision.

VA: Decision review deadlines and FAQs · VA: Decision reviews and appeals

Lane 1: Supplemental Claim

Choose a Supplemental Claim when you have new and relevant evidence that VA did not consider before. Examples may include a new medical opinion, treatment records, or a more complete witness statement. VA will decide whether the evidence is new and relevant and may request more records or an exam.

Use VA Form 20-0995. Identify the issue you disagree with and submit or identify the evidence. Re-sending the same record without addressing the reason for denial may not change the result.

VA: Supplemental Claims

Lane 2: Higher-Level Review

Choose Higher-Level Review if you believe VA made an error based on the evidence already in the file. A more senior reviewer takes a fresh look, but you cannot submit new evidence in this lane. You may request an optional informal conference to point out specific errors. If you have new evidence, consider a Supplemental Claim or the Board's Evidence Submission docket instead.

Use VA Form 20-0996 and follow the instructions for the issue and decision you want reviewed. A reviewer may identify a duty-to-assist error and return the issue for additional development.

VA: Higher-Level Reviews

Lane 3: Board of Veterans' Appeals

Use VA Form 10182 to ask a Veterans Law Judge to review the decision. Choose one of three dockets. Direct Review uses the existing record and has no hearing or new evidence. Evidence Submission lets you add evidence within the Board's 90-day window after the appeal is received. Hearing lets you speak with a judge and submit evidence at the hearing or within 90 days afterward. Check the current form and Board instructions for exact filing rules.

Board review often takes longer than a regional-office review. The Board's public page publishes goals by docket, but those are goals rather than guarantees. Keep your address current and respond to all notices.

VA: Board Appeals and docket options

Legacy appeals and the veterans court

Some appeals that began before the AMA system took effect on February 19, 2019 remain in the legacy process. The notice of disagreement, statement of the case, and appeal deadlines for a legacy case differ from the three AMA lanes. Follow the specific instructions in the VA notice rather than filing an AMA form by mistake.

After a final Board decision, you may appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). The Court must generally receive a Notice of Appeal within 120 days after the Board mailed its decision. This is a separate court deadline; seek help quickly if you are considering it.

VA: Manage a legacy appeal · U.S. Court of Appeals for Veterans Claims: How to appeal a Board decision

Common appeal mistakes

• Missing the one-year decision-review window or a shorter deadline stated in the letter.
• Trying to submit new evidence in Higher-Level Review, where new evidence is not allowed.
• Choosing a Board docket without understanding its evidence window.
• Appealing without addressing the actual reasons VA gave for the decision.
• Assuming a request for review or a phone call automatically pauses other deadlines.

Evidence for a VA claim · Find help with a VA claim · SSA appeals process