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Understanding VA Claims & Appeals

Veterans may file a claim for service-connected disability benefits for injuries, conditions, or diseases related to service up to 180 days prior to separating from service, and at any point after leaving service. Initial claims for service connection must be filed on a VA Form 21-526 EZ.

After filing a claim, VA will assist in developing the evidence needed to make a decision on entitlement to benefits. This usually includes obtaining service personnel and medical records, current medical records, and scheduling the veteran for a compensation and pension (C&P) examination.

Once VA issues a rating decision on a claim, the veteran may appeal the decision. The Appeals Modernization Act (AMA), enacted in February 2019, reformed VA’s appeal process. The law was designed to make the appeals process faster, more flexible, and easier to navigate. Under the AMA, veterans can choose from three different review options after receiving an initial VA decision: Higher-Level Review, Supplemental Claim, and Notice of Disagreement to the Appeal to the Board of Veterans’ Appeals (BVA).

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Higher-Level Review
  • A more experienced adjudicator (who was not involved in the original decision) reviews the existing claim 
  • No new evidence can be submitted. The review is based only on the evidence already in the veteran’s file 
  • Must be filed within one year of the VA decision 
  • Often for veterans who believe the VA made a mistake in applying the law or overlooked something in the existing record 
Supplemental Claim
  • The veteran must submit new and relevant evidence that was not previously considered
  • Submission of new medical records, treatment records, statements, or other documents related to the claim
  • Can be filed within one year of the decision to preserve the effective date. It can also be filed anytime later than that, but benefits may not be backdated
  • Often used for veterans who have new evidence to strengthen their case or want to re-open a previously denied claim 
Notice of Disagreement to the Board of Veterans' Appeals (BVA)
  • The veteran appeals directly to the Board and selects one of three review lanes 
  • Must submit a Notice of Disagreement (NOD) within one year of the VA decision 
Appeal Options
Notice of Disagreement to the BVA

Appeal Options

Option #1 - Direct Review:
  • The Veterans Law Judge reviews the appeal based only on the evidence that was already in the record at the time of VA’s decision 
  • No new evidence or hearing is allowed 
  • Available for veterans who believe the VA made a legal or factual error and do not need to submit new evidence or testify 
  • Typically the fastest BVA lane 
  • Veterans may submit new evidence within 90 days of submitting the Notice of Disagreement (NOD) 
  • No hearing is held 
  • Available for veterans who have additional evidence to strengthen their case which was not part of the original record, but do not need a hearing 
  • Veterans request a hearing before a Veterans Law Judge and can submit new evidence within 90 days after the hearing 
  • Hearing can be held virtually, by video conference, or in-person 
  • Available for veterans who want to personally explain their case, present testimony, or address complex issues not easily explained on paper 
  • Typically the BVA lane with the longest wait time